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)/7129/2023 MADHAB DUTTA SON OF LATE GHANA DUTTA, R/O- VILLAGE- JALBHARI, P.O.
DHAKUAKHANA, DISTRICT- LAKHIMPUR, ASSAM, PIN- 787055 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6 2:THE CHIEF ENGINEER IRRIGATION DEPARTMENT ASSAM CHANDMARI GUWAHATI-3 3:THE EXECUTIVE ENGINEER DHAKUAKHANA DIVISION (IRRIGATION) DHAKUAKHANA DHAKUAKHANA LAKHIMPUR PIN- 787055 4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- Advocate for the Petitioner : MR J PAYENG, MS A PAYENG Advocate for the Respondent : SC, IRRIGATION, SC, FINANCE
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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER Date : 12.02.2025 Heard Ms. A Payeng, learned counsel for the petitioner. Also heard Ms. D.S. Neog, learned Standing Counsel, Irrigation Department. 2. This writ petition has been filed by the petitioner seeking directions from this Court for release of payments in respect of works executed by the petitioner. The Petitioner was awarded with the works for providing Office Materials to the Office of the Executive Engineer, Dhakuakhana Division (Irrigation) Dhakuakhana. 3. In pursuance to which, the petitioner duly executed all the works allotted and submitted his bills. The bills which were raised remained pending and the amount of Rs. 2,64,698/- (Rupees Two Lakh Sixty Four Thousand Six Hundred Ninety Eighty Only) is yet to be released. The petitioner represented before the authority requesting for release of his pending dues but no response was forthcoming from the respondent authority. Under such circumstances, left with no alternative, the petitioner has come before this Court praying for a direction for release of the said amount. 4. Having heard the learned counsel for the parties and upon perusal of the pleadings on record, it is seen that the bills have been raised and the amount required to be paid is clearly reflected. Details of work executed are also reflected. Page No.# 3/3
5. Under such circumstances, this Court finds that the works executed and the claims raised by the petitioner are admitted by the department. Therefore it appears that the claims of the petitioner in respect of dues were kept pending without any justifiable reasons.
Accordingly this writ petition is disposed of with a direction to the respondent No. 3, Executive Engineer, Khakuakhana Division (Irrigation), Dhakuakhana, Lakhimpur, to look into the grievances of the petitioner. The respondent No. 3 will cause necessary verification into the claims of the writ petitioner to be conducted and thereafter, take steps as expeditiously as possible for release of the amount claimed to be pending and required to be paid by the Department. 6. The outstanding dues found if payable after verification will be made to the petitioner will be in terms of the guidelines laid down in Tamsher Ali and Ors Vs. State of Assam and Ors reported in 2008 (4) GLT 1,
7. The entire exercise is directed to be completed within a period of 60 days from the date of receipt of the certified copy of this order. 8. Accordingly, the writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant