Uttam Saha v. The State of Assam and 6 Ors

ORDER Date : 21.06.2023 Heard Mr. J. Kalita, the learned counsel for the petitioner. Also heard Mr. S. Chetia, the learned standing counsel for the respondent No. 1 and Ms. R.B. Bora, learned standing counsel for the respondent nos. 2 to 7.

¶2The instant writ petition has been filed by the petitioner being aggrieved by the inaction on the part of the respondent authorities in not releasing the amount of Rs.15,26,977/- (Rupees fifteen lakh twenty six thousand nine hundred seventy seven only) to which the petitioner claims to be entitled to on the basis of the work done in connection with construction of Mini Water Supply Scheme at different village GP, Habitation under Baksa (PHE) Division at village Pakalagi, Habitation Pakalagi, GP Rupahi, Block Jalah under NRDWP for the year 2013-14. Page No.# 3/4

¶3The learned counsel for the petitioner submitted that the respondent No. 7 had conducted an inspection upon the successful completion of the work and prepared an inspection report with work completion certificate, accompanying forwarding letter dated 13.03.2020 (Annexure-A2). However, the said amount of Rs.15,26,977/- (Rupees fifteen lakh twenty six thousand nine hundred seventy seven only) has not been paid to the petitioners.

¶4Mr. R.B. Bora, the learned counsel appearing on behalf of the respondent Nos. 2 to 7 submitted that on 15th of November, 2021 the Principal Secretary, Boroland Territorial Council had issued an order to verify all such works by conducting comprehensive audit, financial verification and physical verification wherever applicable against all contractual works at the Government level and further to complete the whole exercise in this regard within six months from the date of the issue of the said order dated 15th of November, 2021. The learned counsel appearing for the respondent-BTC further submitted before this Court that on the basis of the order dated 15th of November, 2021 after necessary verification, if it is found that the petitioner's claims are admissible and after following all established norms the same shall be processed in accordance with law and as per the decision contained in Tamsher Ali & Ors. Vs. State of Assam & Ors. reported in 2008 (4) GLT 1.

¶5Taking into account the said order dated 15th of November, 2021, this Court therefore disposes off the instant writ petition with a direction upon the respondents of the Boroland Territorial Council to make necessary verification and upon such verification, if it is found that the petitioner has completed the work, the petitioner be paid his dues.

¶6The said exercise be completed within a period of six months from Page No.# 4/4 the date a certified copy of the instant order is served upon the respondent No.

3.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010171272022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5628/2022o UTTAMoSAHAo S/OoLATEoRAIMOHANoSAHA,oR/OoSHANTINAGAR,oWARDoNO.o3,oP.O.oANDo P.S.-KOKRAJHAR,oDIST-KOKRAJHAR,oPIN-783370 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoSECRETARYoTOoTHEoGOVT.oOFo ASSAM,oPUBLICoHEALTHoANDoENGINEERINGoDEPARTMENT,oDISPUR,o GUWAHATI-06 2:THEoCHIEFoSECRETARY oBTC oKOKRAJHAR oPIN-783370 3:THEoSECRETARY oPUBLICoHEALTHoANDoENGINEERINGoDEPARTMENT oBTCA oKOKRAJHAR oPIN-783370 4:THEoDIRECTOR oPUBLICoHEALTHoANDoENGINEERINGoDEPARTMENT oBTCA oKOKRAJHAR oPIN-783370 5:THEoADDL.oCHIEFoENGINEERo(PHE) oCUMoDIRECTOR oPUBLICoHEALTHoANDoENGINEERINGoDEPARTMENT oBTCA Page No.# 2/4 KOKRAJHAR PIN-783370 6:THE EXECUTIVE ENGINEER (PHE) BAKSA DIVISION MUSHALPUR 7:THE ASSISTANT EXECUTIVE ENGINEER (PHE) MUSHALPUR SUB-DIVISION MUSHALPUR PIN-78337 Advocate for the Petitioner : MR. J KALITA Advocate for the Respondent : SC, P H E BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA