Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6032/2024 RONIT HAFLONGBAR S/O- SRI GOTOLAL HAFLONGBAR, R/O- VILL.- MAHOR PURA (KALACHAND), P.O. AND P.S. MAIBANG, DIST. DIMA HASAO, ASSAM, PIN-
788831. VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS ROAD DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06. 3:THE PRINCIPAL SECRETARY DIMA HASAO AUTONOMOUS COUNCIL HAFLONG DIST. DIMA HASAO ASSAM PIN- 788819. 4:THE ADDL. CHIEF ENGINEER PWD (R AND B) HILLS ASSAM HAFLONG DIST. DIMA HASAO ASSAM PIN- 788819. Page No.# 2/4 5:THE EXECUTIVE ENGINEER PWD (R AND B) MAIBANG DIVISION MAIBANG PIN- 788831. 6:THE ASSISTANT EXECUTIVE ENGINEER P.W.D. (R AND B) MAIBANG SUB-DIVISION MAIBANG DIST. DIMA HASAO ASSAM PIN- 788831 Advocate for the Petitioner : MR H TALUKDAR, MR. R SARMA Advocate for the Respondent : SC, PWD, SC, DIMA HASAO,GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 14.02.2025
Heard Mr. KD Sarma, learned counsel for the petitioner. Also heard Mr. C. Sharma, learned Standing Counsel, Dima Hasao Autonomous Council and Mr. B. Gogoi, learned Standing Counsel, Finance Department and PWD. 2. The petitioner’s prayer in this writ petition is for a direction to be issued to the respondent authorities to pay to the petitioner for the works done by him, pertaining to “construction of Box culvert at Solikantapur village under State Plan (SOPD) under PWD (R&B) Maibang Division for the year 2023-24”. 3. The petitioner’s case in brief is that pursuant to the short tender notice dated 07.10.2023 the petitioner submitted his Bid against the work listed at Sl. Page No.# 3/4 no.1 i.e for “construction of Box culvert at Solikantapur village under State Plan (SOPD) under PWD (R&B) Maibang Division for the year 2023-24” in the tender Notice. A formal work order vide No.64 EE (M) 2023/24/1375 dated 17.10.2023 for Construction of Box Culvert at Solikantapur Village under SOPD for the year 2023-24 for an amount of Rs.9,99,855/- was issued by the respondent no.5. 4. Learned counsel for the petitioner submits that the petitioner completed the said work within the stipulated time for which the respondent no.6 had issued work completion certificate showing the date of completion on 30.10.2023 and Bill value at Rs.
Rs.9,99,557/- (Rupees Nine Lakh Ninety Nine Thousand Five Hundred Fifty Seven). Accordingly, the petitioner submitted bills for the said works amounting to Rs.9,99,557/- (Rupees Nine Lakh Ninety Nine Thousand Five Hundred Fifty Seven) but till date the concerned Authorities have not released the outstanding dues of the petitioner. 5. The petitioner’s counsel submits that a direction should be issued to the respondents to pay to the petitioner the above said bills amounting to Rs.9,99,557/- (Rupees Nine Lakh Ninety Nine Thousand Five Hundred Fifty Seven), inasmuch as, the said amount is an admitted amount. 6. This Court by order dated 20.11.2024 had issued notice and permitted the respondents to complete their instructions in the matter. 7. Mr. C. Sharma, learned Standing Counsel, Dima Hasao Autonomous Council
Page No.# 4/4 submits that he has not received instructions till date. 8. Learned counsel for the parties have been heard. Pleadings on records are perused. 9. Considering the submissions made by learned counsel for the parties, this Court is of the view that this matter need not be kept pending for want of instructions. Accordingly, the matter can be disposed of by directing the authorities concerned, more particularly, the respondents no.5 and 6 to examine the claims raised by the petitioner and if it is found to be correct, then the same should be released by following the guidelines laid down in Tamsher Ali Vs. State of Assam and Ors, reported in 2008 (4) GLT 1. The entire exercise of verification and payment of the admitted amount should be completed by the respondents as expeditiously as possible preferably within outer limit of 4 (four) months from the date of receipt of a certified copy of this order. 10. In terms of the above directions this writ petition is disposed of in terms of the decision of the Full Bench of this Court in the case of Tamsher Ali (supra). JUDGE Comparing Assistant