Shahid Ahmed v. The State of Assam and 4 Ors

ORDER

04.12.2024

¶1Heard Mr. B. Malakar, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned counsel for the PWD and Mr. J. Handique, learned counsel for the respondent no.3. Ms. U. Das, learned counsel appears for the respondent no.1.

¶2The petitioner's case is that the petitioner had done works of Maintenance and Improvement of Binodini to Shibbari Road, District-Karimganj for a total value of Rs.1,69,060/-. However, though the petitioner has been paid Rs.84,000/- after deductions were made, the balance amount of Rs.79,677/- has not been paid.

¶3The petitioner's counsel submits that as per the Memorandum of Payments made by the Accounts Officer, PWD, Rural Roads Karimganj Division, Karimganj and checked by the Executive Engineer, PWD., Karimganj Rural Road Division, Karimganj, the petitioner is to be paid Rs.79,677/-.

¶4Mr. B. Gogoi submits that the writ petition can be disposed of, if a direction is issued to the respondent nos.4 & 5 to verify the claim of the petitioner and Page No.# 3/3 pay the same, if it is found to be correct. The counsels for the other respondents also echo the submission made by Mr. B. Gogoi, learned counsel for the PWD.

¶5In view of the submission made by the counsels for the parties, the respondent nos.4 & 5 are directed to verify the claim of the petitioner and pay the petitioner the admitted amount. The verification and payment of the admitted amount should be made, within a period of 3 (three) months from the date of receipt of a certified copy of this order.

¶6The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010125202023 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3351/2023o SHAHIDoAHMEDo SONoOFoLATEoABDULoRAQUIBoAHMED,o VILLAGEoDALOPAR,oP.O.-oASHALKANDI-o788723,o DISTRICT-oKARIMGANJ,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DISPUR,oGUWAHATI-6. 2:THEoCOMMISSIONERoSECRETARYoTOoTHEoGOVT.oOFoASSAM oP.W.D. oDISPUR oGUWAHATI-6. 3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oREVENUEoDEPARTMENT oDISPUR oGUWAHATI-6. 4:THEoCHIEFoENGINEER oP.W.D.o(ROADS) oASSAM oCHANDMARI oGUWAHATI-3. 5:THEoEXECUTIVEoENGINEER oP.W.D.o(ROADS) oKARIMGANJoDIVISION oKARIMGANJ oASSAMo Page No.# 2/3 Advocate for the Petitioner : MR B MALAKAR, Advocate for the Respondent : GA, ASSAM, SC, PWD,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA