Yasir Islam v. The State of Assam and 5 Ors

ORDER Date : 28.10.2024 Heard Mr. A. Rahman, learned Counsel for the petitioner. Also, heard Mr. R.R. Gogoi, learned Standing Counsel PHE and Mr. B. Gogoi, learned Standing Counsel Finance Department.

¶2By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking release of the pending bill amount of Rs. 6,72,740/- (rupees six lakh seventy two thousand seven hundred forty) only by disposing the representations dated 24/06/2019, 03/07/2019, etc. submitted by the petitioner.

¶3The brief facts of the case is that after following all formalities, respondent authorities issued Work Orders (Annexure 1 to 7) for the work of installation of water pumps, RCC ring well coverage, TARA HAND PUMP etc. under the National Rural Drinking Water Program at various places within the district of Dhubri and South Salmara Mankachar. It is the specific case of the petitioner that upon successfully completion of the allotted work, the respondent authorities inspected the aforesaid works and issued work done Page No.# 3/4 certificate certifying that the work has been completed by the petitioner as allotted. It is the further case of the petitioner that the outstanding bill amount of Rs. 6,72,740/- despite several representations has not been paid for which the present petition has been filed.

¶4Mr. A. Rahman, learned Counsel for the petitioner submits that non release of the outstanding amount, amounts to deprivation of the fundamental rights guaranteed under Article 21 of the Constitution of India.

¶5Mr. R.R. Gogoi, learned Standing Counsel PHE fairly submits that since the representations of the petitioner dated 24/06/2019 and 03/07/2019 (Annexure 11 and 12 to the writ petitioner) are pending before the respondent authorities, the instant writ petition can be disposed of with a direction to the respondent authorities to verify the claim of the petitioner and dispose the said representations in accordance with law.

¶6Heard the learned Counsels for both the parties and perused the material available on record.

¶7In view of the fact that the representations of the petitioner for release of the pending bill amount in question is still pending before the respondent authorities, this Court deems appropriate in the interest of justice to dispose of the instant writ petition with a direction to the respondent authorities to verify the claim of the petitioner and release the pending bill amount, if so entitled, in accordance with law within a period of 3 (three) months from the date of receipt of the Page No.# 4/4 certified copy of the order.

¶8Ordered accordingly.

¶9The writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010058402022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2243/2022o YASIRoISLAMo S/OoLATEoLATEoZAHIRULoISLAM,oR./OoIDGAHoNAGAR,oWARDoNO.o11,oP.S.o ANDoDIST-DHUBRI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oPUBLICo HEALTHoENGINEERINGoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoSTATEoFINANCEoCOMMISSION oGOVT.oOFoASSAM oDISPUR oGHY-37 3:THEoCHIEFoENGINEERo(PHE) oASSAM oHENGRABARI oGHY-36 4:THEoADDL.oCHIEFoENGINEERo(PHE) oLOWERoASSAMoZONE oBAMUNIMAIDAM oGHY-21 5:THEoEXECUTIVEoENGINEERo(PHE) oDHUBRIoDIVISION oDHUBRI oP.O.oANDoDIST-DHUBRI oASSAM oPIN-783301 Page No.# 2/4 6:THE ASSISTANT EXECUTIVE ENGINEER (PHE) HATSINGIMARI SUB-DIVISION P.O. AND DIST-SOUTH SALMARA MANKACHAR ASSAM PIN Advocate for the Petitioner : MR. N ALAM R K, MR. A RAHMAN Advocate for the Respondent : SC, P H E, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI