Shriram Rabidas v. The Bodoland Territorial Council and 5 Ors

ORDER Date : 29.11.2024

Heard Mr. B. C. Muchahary, learned counsel for the petitioner. Also heard Mrs. R. B. Bora, learned counsel for the BTC.

¶2The petitioner's case is that the petitioner completed the construction of ICBP road from Kaliagaon to Amguri, via Lakhimpur under the 5th Assam State Commission during 2018-2019, at an estimated value of Rs.3,49,44,595/-. Though The petitioner has been paid a certain amount of his contractual dues, the respondents have not paid the balance amount of Rs.53,32,415/-. He accordingly prays for a direction to the respondents for payment of his balance dues.

¶3Mrs. R. B. Bora, learned counsel for the BTC submits that the petitioner is to be paid the outstanding balance amount of Rs.53,32,415/-. She submits that the said amount will be paid as and when funds are received from the Government of Assam. Page No.# 3/3

¶4I have heard the learned counsels for the parties.

¶5The affidavit-in-opposition filed by the respondent No. 2 shows that the respondents have admitted that they owe the petitioner the outstanding balance contractual dues, amounting to Rs.53,32,415/-.

¶6In view of the above admission made by the respondents, the respondents are directed to pay to the petitioner the admitted outstanding dues, within a period of 4 (four) months, from the date of receipt of a certified copy of this order.

¶7The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010182022024 ooooooo 2024:GAU-AS:11865 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4540/2024o SHRIRAMoRABIDASo SONoOFoSRIoBHOLARAMoRABIDAS,o R/O-oW/NO.o13,oGURUoNANAKoNAGAR,o P.O.-oBONGAIGAON,o P.S.-oDHALIGAON,o DISTRICT-oBONGAIGAON,oBTC,oASSAM. VERSUSo THEoBODOLANDoTERRITORIALoCOUNCILoANDo5oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARY,oBTC,o P.O.oANDoDIST.-oKOKRAJHAR. 2:THEoSECRETARYoCUMoNODALoOFFICER o(5THoASFC)oPWD oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHARoP.O.oANDoDISTRICT-oKOKRAJHAR oASSAM. 3:THEoADDL.oCHIEFoENGINEERoCUMoDIRECTORoANDoCUMoCOUNCILo HEADoOFoDEPARTMENTo(CHD) oPWDo(ROADSoANDoBRIDGES) oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHARoASSAM. 4:THEoSUPERINTENDINGoENGINEER oP.W.D.o(RoANDoB)oCIRCLE oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR. 5:THEoEXECUTIVEoENGINEER oPWDoCHIRANGo(RoANDoB)oDIVISION oKAJALGAONoBTC oASSAM. Page No.# 2/3 6:THE EXECUTIVE ENGINEER PWD CHIRANG (R AND B) DIVISION KAJALGAON BTC ASSAM Advocate for the Petitioner : MR R DHAR, MRS. A BASUMATARY,MR B C MUCHAHARY Advocate for the Respondent : SC, BTC, SC, PWD BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA