Prabhat Choudhury v. The State of Assam and 3 Ors

ORDER

28.10.2024

¶1Heard Ms. A. Bora, learned counsel for the petitioner and Mr. N. Upadhyay, learned counsel for the Irrigation Department.

¶2The petitioner's case is that the petitioner was allotted contractual work namely "Reconstruction of Bordikarai Irrigation Scheme under one time Central Assistance for 2004-2005 renovation of Bye Pass Channel at Ch.3950M" valued at Rs.4,30,846/-. After completion of the contractual work, the petitioner submitted his bill amounting to Rs.4,30,846/-. However, the said amount has not been paid to the petitioner till date.

¶3Mr. N. Upadhyay, learned counsel for the Irrigation Department has submitted letter no.SDI/Court Case/73/2022/1454 dated 28.10.2024 issued by the Executive Engineer, Sootea Division (Irrigation), which is to the effect that there is no record traced till date in the Division regarding the petitioner's work order and bill. The contents of the letter dated 28.10.2024 is reproduced hereinbelow, as follows : "Sir, With reference to the subject cited above, I have the honour to inform you that, there is no record traced till date in this Division regarding Work Order and Bill in respect of Prabhat Choudhury, Contractor of erstwhile Itakhola Division (Irrigation), Itakhola. This is for favour of your kind information and necessary action." Page No.# 3/3

¶4The said letter dated 28.10.2024 is made a part of the record and marked as Annexure-X.

¶5Due to the letter dated 28.10.2024, this Court is of the view that the said issue requires facts to be proved and as such, liberty is given to the petitioner to approach the Civil Court for redressal of his grievance as per the law.

¶6The writ petition is accordingly closed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010277382018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8656/2018o PRABHAToCHOUDHURYo S/O-oLToBABULIoCHOUDHURY,oR/O-oNATUNGAON,oP.O.oBISWANATHoGHAT,o DIST-oBISWANATH,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o THROUGHoTHEoSECY.oTOoTHEoGOVT.oOFoASSAM,oIRRIGATIONoDEPTT.,o DISPUR,oGHY-6 2:THEoCHIEFoENGINEER oIRRIGATIONoDEPTT. oASSAM oCHANDMARI oGHY-3 3:THEoEXECUTIVEoENGINEER oITAKHOLAoDIVISIONo(IRRIGATION)oITAKHOLA oDIST-oSONITPUR oASSAM 4:THEoASSTT.oEXECUTIVEoENGINEER oSEIJUSAoSUBoDIVISIONo(IRRIGATION) oSEIJUSA oDIST-oSONITPUR oASSAo AdvocateoforotheoPetitionerooooo:oMR.oSoCoBISWAS,oMSoSoSENGUPTA,MSoAoBORAHo AdvocateoforotheoRespondento:oSC,oIRRIGATION,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA