Kamal Singh Duggar v. The State of Assam and 4 Ors

ORDER Date : 18.12.2024

Heard Mr. B. K. Jain, learned counsel for the petitioner. Also heard Ms. P. Barman, learned counsel for the respondent No. 5.

¶2The petitioner's counsel submits that the contract work that had been allotted to the petitioner had been completed on 01.11.2017. However, despite the same, the security deposit of the petitioner has not been returned till date, which amounts to Rs.4,94,894/-.

¶3It is surprising to note that despite a lapse of more than 7 years, the security deposit has not been given back by the respondent No. 5 to the petitioner.

¶4Annexure-2 of the writ petition pertains to letter No.AC/52/III/Pt.-V dated

18.09.2020 issued by the Executive Engineer, PWD Guwahati Building Division to the Principal, B. Borroah College, Ulubari, which states that there is no liability against the work completed by the petitioner and as such, the security deposit deducted from the bill at source should be released.

¶5In view of the stand taken by the PWD that there is no liability against the Page No.# 3/3 work completed by the petitioner and that the security deposit was to be released to him, as per the letter dated 18.09.2020, the respondent No. 5 would have to release the security deposit amounting to Rs.4,94,894/-, as detailed by the Executive Engineer, PWD, Guwahati Building Division.

¶6Accordingly, the respondent No. 5 shall release to the petitioner, the security deposit amounting to Rs.4,94,894/-, within a period of three weeks from the date of receipt of a copy of this order.

¶7The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010183272023 ooooooo 2024:GAU-AS:12877 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5221/2023o KAMALoSINGHoDUGGARo S/OoLATEoMULCHANDoDUGAR,oR/OoHOUSEoNO.o9,oULUBARI,oSOUTHo SARANIA,oBYEoLANEoNO.o1,oGUWAHATI-781007,oDIST-oKAMRUPo(M),o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REPRESENTEDoBYoTHEoCHIEFoSECRETARY,oGOVERNMENToOFoASSAM,o ASSAMoSECRETARIAT,oDISPUR,oGUWAHATI-781006,oASSAM 2:SECRETARYoTOoTHEoGOVERNMENToOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oPUBLICoWORKSoDEPARTMENTo(ROADS) oASSAMoSECRETARIAT oDISPURoGUWAHATI-781006oASSAM 3:CHIEFoENGINEER oPWDo(BLDG) oASSAMoCHANDMARI oGUWAHATI-781003oASSAM 4:EXECUTIVEoENGINEER oPWDoGUWAHATIoBUILDINGoDIVISION-I oGUWAHATI-781001 oASSAM 5:B.oBOROOAHoCOLLEGE oREPRESENTEDoBYoITSoPRINCIPAL oNEARoNEHRUoSTADIUM oULUBARI oGUWAHATI-781007 oASSAo Page No.# 2/3 Advocate for the Petitioner : MR. B K JAIN, MR. N DAS Advocate for the Respondent : GA, ASSAM, MS S CHANGKAKOTI (R5),MRS. S KHATANIAR (R5),MRS. P BARMAN (BORKAKOTI) (R5),SC, PWD BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA