SAILAJA COMMERCIAL CONSTRUCTION PVT. LTD. v. THE STATE OF ASSAM AND 4 ORS
WP(C)/5089/2024 · 2025-02-09
Soumitra Saikia
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 18905 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18905 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010201712024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5089/2024 SAILAJA COMMERCIAL CONSTRUCTION PVT. LTD.
REPRESENTED BY ITS DIRECTOR SRI UDAYADITYA GOSWAMI, AGE- 55 YEARS, SON OF LATE UTSABANANDA GOSWAMI, RESIDENT OF JAYA NAGAR, NAMGHAR PATH, P.O. AND P.S. BELTOLA, DISTRICT- KAMRUP METRO, ASSAM, PIN- 781028. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS DEPARTMENT (ROADS), DISPUR, GUWAHATI- 06.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-06.
3:THE DISTRICT COMMISSIONER BISWANATH DISTRICT- BISWANATH ASSAM.
4:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (ROADS) CHANDMARI GUWAHATI- 03.
5:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT SONITPUR RURAL ROADS DIVISION
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BISWANATH CHARIALI
DISTRICT- BISWANATH ASSAM Advocate for the Petitioner : MR. J PATOWARY, Advocate for the Respondent : SC, PWD, SC, REVENUE,GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER 10.02.2025 Heard Mr. J. Patowary, learned counsel for the petitioner. Also heard Ms. M. Das,
learned counsel for the respondents No. 1, 4 & 5; Mr. S.R. Baruah, learned consel for the respondent No. 3 and Ms. R. Bordoloi, learned counsel for the respondent No. 2. This writ petition has been filed by the petitioner praying for a direction to the respondents for release of non-payment of bills for works executed by the petitioner towards “Restoration of flood Damaged Nasbor Lalpukhuri Road under SDRF for 2012- 13 under Sonitpur Rural Road Division”. The claim amount of the petitioner is Rs. 104.43386 Lakh along with 24% interest. Pursuant to issuance of notice, matter was listed on several dates. Today when the matter is called up, the learned counsel representing the Revenue Department Ms. R. Bordoloi, has placed before this Court a communication dated 03.01.2025 to the effect that the amount claimed by the petitioner of Rs. 104.43386 Lakh is processed for release with the approval of the competent authority. The learned counsel submits that since the process is already underway, the amount is likely to release within a short time. In view of the submissions made and instructions placed by the learned counsel for the Revenue, this Court is of the considered opinion that the writ petition can be
Page No.# 3/3 closed directing the respondents to expeditiously process the amount stated to be payable to the petitioner. Considering that the State has already proceeded for release of the amount as referred above, the Court does not consider it necessary to issue further direction for payment of interest as claimed for. Accordingly, the amount be released to the petitioner as expeditiously as possible within the outer limit of 60 (sixty) days from the date of receipt of a certified copy of this order. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant