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2025 DAILYLAW 22365 (GAU)

M/S RCN CONSTRUCTION CO. PVT. LIMITED v. THE STATE OF ASSAM AND 9 ORS

WP(C)/17/2025 · 2025-02-13

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010277962024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/17/2025 M/S RCN CONSTRUCTION CO. PVT. LIMITED A PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT R.K. PATH, ITACHALI, NAGAON, ASSAM, 782001, REPRESENTED BY ITS DIRECTOR, MR. MANAK CHAND NAHATA, AGED ABOUT 68 YEARS, S/O- LATE REKH CHAND NAHATA RESIDENT OF R.K. PATH, ITACHALI, PIN NO. 782003 VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF ASSAM, ASSAM SACHIVALAYA, DISPUR, P.O.- ASSAM SACHIVALAYA, DISTRICT- KAMRUP (M), ASSAM, GUWAHATI- 781006 2:THE SUPERINTENDING ENGINEER PWD (ROADS) GUWAHATI ARIASP CIRCLE GUWAHATI- 781021 3:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (ROADS) CHNDMARI GUWAHATI- 781003 DISTRICT- KAMRUP (M) ASSAM 4:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS) NORTH GUWAHATI STATE ROAD DIVISION AMINGAON Page No.# 2/3 GUWAHATI- 781003 5:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT JALUKBARI AND HAJO TERRITORIAL ROAD DIVISION AMINGAON GUWAHATI- 781031 6:THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT JALUKBARI TERRITORIAL ROAD SUB-DIVISION-I AMINGAON GUWAHATI- 781031 7:THE CHIEF EXECUTIVE OFFICER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI- 781005 DISTRICT- KAMRUP (M) ASSAM 8:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI- 781006 9:THE TREASURY OFFICER DISPUR TREASURY DISPUR GUWAHATI DISTRICT- KAMRUP (M) ASSAM PIN- 781006 10:THE SENIOR ACCOUNTS OFFICER OFFICE OF THE ACCOUNTANT GENERAL MAIDAMGAON GUWAHATI DISTRICT- KAMRUP (M) ASSA Advocate for the Petitioner : MR B D DAS, MRS R DEKA,MR. H R DAS,MR J LOTHA Advocate for the Respondent : SC, PWD, SC, FINANCE DEPTT.,SC, AG (A AND E) Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 14.02 .2025 Heard Mr. B.D. Das, learned Senior Counsel for the petitioner. Also heard Mr. R.K. Talukdar, learned Standing Counsel, AG for the respondent No.10 and Mr. B. Gogoi, learned Standing Counsel for the PWD and Finance. Pursuant to the earlier order dated 10.02.2025 the learned Senior Counsel appearing for the petitioner on instruction submits that the submissions of the learned counsel representing the Accountant General is correct. Necessary steps have been taken for the correction of the entry for an amount of Rs.3,50,000/- (Rupees three lakh fifty thousand). However, the payment has not yet been received by the petitioner. The learned counsel for the respondents submits that since the correction have been made the payment is likely to be made in any date. Therefore, the writ petition can be closed with such a direction for making the payment. Mr. B.D. Das, learned Senior Counsel for the petitioner submits that the writ petition can be closed with a direction to the respondents to make the payment within a time bound period. In view of the submissions made, this writ petition stands closed the amount payable to the petitioner which is Rs. 3,50,000/- (Rupees three lakh fifty thousand) be released as expeditiously as possible within a period of two weeks from the date of receipt of certified copy of this order. In terms of the above observations writ petition stands closed. JUDGE Comparing Assistant