M/S N.B. ENTERPRISES v. THE STATE OF ASSAM AND 7 ORS.
WP(C)/1039/2023 · 2025-04-06
Soumitra Saikia
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 8233 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8233 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010040062023
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1039/2023 M/S N.B. ENTERPRISES A PROPRIETORSHIP CONCERN REP BY ITS PROPRIETOR SRI NIKHIL BARMAN S/O SRI JAGADISH BARMAN HAVING ITS OFFICE AND PLACE OF BUSINESS AT BARSAPAR P.O. BINOVANAGAR P.S FATASIL AMBARI GUWAHATI 18 DIST. KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS.
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF PANCHAYAT AND RURAL DEVELOMENT GOVT. OF ASSAM DISPUR GUWAHATI 6 DIST. KAMRUP (M) ASSAM 2:THE CHIEF EXECUTIVE MEMBER BTC KOKRAJHAR ASSAM 3:THE PRINCIPAL SECRETARY BTC KOKARJHAR ASSAM 4:THE JOINT SECRETAR BTC KOKRAJHAR ASSAM 5:THE DIRECTOR PANCHAYAT AND RURAL DEVELOPMENT BTC KOKRAJARH ASSAM 6:THE BLOCK DEVELOPMENT OFFICER JALAH DEVELOPMENT BLOCK JALAHGHAT DIST. BAKSA ASSAM
Page No.# 2/3 7:THE ACCOUNTANT JALAH DEVELOPMENT BLOCK JALAGHAT DIST. BAKSA ASSAM 8:JUNIOR ENGINEER JALAH DEVELOPMENT BLOCK JALAGHAT DIST. BAKSA ASSA Advocate for the Petitioner : MR. N ALAM, MR K JAIN,MR A K SHARMA Advocate for the Respondent : SC, P AND R.D., SC, BTC
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER 07.04.2025
Heard Mr. N. Alam, learned counsel for the petitioner. Also heard Mr. S. Bora, learned Standing Counsel, BTC and Mr. S. Dutta, learned Standing Counsel P&RD. This writ petition is directed against the non-release of an amount of Rs.30,00,000/- (Rupees Thirty Lakhs) which was sanctioned by the respondent no.4 vide the order dated 24.03.2021. The petitioner was awarded the contractual work under “constructions of interlocking concrete block pavement on the road from Arjun Barman’s House to Rupahi Irrigation Cannel, at Rajabill, having contractual value of Rs.80,00,000/.” This work was undertaken by the petitioner and 56% of the work had been completed for which running bills were placed. The BTC authorities by the
order dated 24.03.2021 had sanctioned the amount of Rs.30,00,000/- (Rupees Thirty Lakhs) for the said work. It is the grievance of the petitioner that although the amount has been sanctioned, it has not yet been released.
Learned counsel for the respondents submits that he would like to
Page No.# 3/3 complete his instructions in the matter.
Learned counsel for the petitioner, on the other hand, submits that the matter has remained pending for the past 2 (two) years and accordingly, he prays that the respondent authorities be directed to examine the claims of the petitioner and if it is found payable, the sanctioned amount should be released.
Learned counsel for the respondents does not object to the prayer made. Accordingly, the writ petition stands closed directing the respondents, more particularly, the respondent nos. 2, 3 & 5 to examine the claim of the writ petitioner and if the amount, which was sanctioned by the order dated 24.03.2021 is found to be payable, necessary order shall be issued to release the said amount to the petitioner. The entire exercise shall be carried out within a period of 90 (ninety) days from the date of receipt of the certified copy of this
order. With the above directions, the writ petition stands disposed of. JUDGE Comparing Assistant