Budheswar Das vs State Of Assam And Ors

Heard Mr. S.K. Das, learned counsel for the petitioner. Also heard Mr. N. Upadhyay, learned standing counsel for the Irrigation Department.

The petitioner was allotted a work under order Memo No. IID/W-I/recon/CA/CS/1 dated 08.07.2005 under the seal and signature of the Executive

Engineer Itakhola Division (Irrigation) Tezpur and the work was issued under the head “Reconstruction of escape channel under Bordikarai

irrigation scheme under one time Central Assistance (ACA) for 2004-5 from Ch 008 M to 330 Mâ€​.

Upon completion of the work, the department had prepared the bills against seven of the items completed by the petitioner and the bills were

prepared and submitted by the departmental authority vide Bill No.IID/OTCA/2007/479 dated 06.02.2007 for an amount of Rs.22,52,881/-.

As because the bills were not paid, the petitioner made a legal notice to the respondent authorities on 15.02.2015. Pursuant thereto, the Additional

Chief Engineer Zone-II Irrigation, Assam made a communication to the Executive Engineer Itakhola Division (Irrigation) by letter dated 06.04.2015

for necessary steps for payment of the amount claimed by the petitioner. As the amount had not been paid, this writ petition is instituted for a direction

to the respondent authorities for payment of the bill to the petitioner. It is stated that out of the said amount of Rs.22,52,881/-, the department had paid

an amount of Rs.13,50,000/-. Consequently, the balance amount of Rs.9,02,881/- is due to the petitioner and as because the said has not been paid, this

writ petition is instituted for a direction to the respondent authorities for payment of the balance amount. As per the communication of the Additional

Chief Engineer, it is apparent that the amount due to the petitioner had been admitted by the respondent authorities.

Mr. N. Upadhyay, learned standing counsel for the Irrigation Department has made a statement that the balance amount could not be paid to the

petitioner as because adequate funds are not available with the department for the present.

In the circumstance, we are of the view that the claim of the petitioner is covered by the Full Bench Judgment of this Court rendered inT amsher

Ali and Ors., -vs- State of Assam and Ors., reported in 2008 (4) GLT Page 1.

Accordingly, in terms of the judgment in Tamsher Ali and Ors.,(supra), this writ petition is disposed of by directing the respondent authorities to give

consideration to the claim of the petitioner for the balance amount of Rs. Rs.9,02,881/- and the said consideration be given along with the other claims

before the department in the order of preference of the claims.

Mr. N. Upadhyay, learned counsel states that the requirement will be done within a period of 4 (four) months. We provide the department 6 (six)

months time to do the needful and the department shall ensure the compliance within the said period of six months.

Writ petition stands disposed of in the above terms.