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Judgment
Heard Ms. T. More, the learned counsel appearing on behalf of the Petitioner. Mr. S. Dutta, the learned Standing Counsel appears on behalf of the P&RD Department.
The case of the Petitioner herein is that the Petitioner was awarded the contract for execution of the work “Construction of Public Auditorium at Ambagan under Lawkhowa Dev. Block”. The Petitioner satisfactorily executed the said contractual work to the extent of 53% of the total work. The total contract value being Rs.1,80,00,000/-, the Petitioner incurred substantial expenses to the extent of Rs.93,32,551/-. It is stated that although the Respondents acknowledged the execution of the work to the aforesaid extent and the expenditure incurred by the Petitioner, the Respondent Authorities failed to discharge their obligation to make payment of the bill amount to the Petitioner thereby subjecting the Petitioner to grave financial hardship and preventing the Petitioner from execution of the work.
It is further stated that the said Running Account Bill was duly acknowledged by the Respondent No.4 on 16.03.2016. It is the further case of the Petitioner that having no other alternative, the Petitioner was compelled to approach this Court by filing a writ petition under Article 226 of the Constitution of India which was registered and numbered as WP(C) No.3441/2017. The said writ petition was disposed of by this Court vide the order dated 24.11.2023 directing the Secretary to the Government of Assam, Panchayat & Rural Development Department to disburse the amount to which the Petitioner was entitled within a period of four months from the date of furnishing a certified copy of the said order to the Respondent Authorities. The said order was duly communicated by the Petitioner vide the letter bearing No. RA/PA/Misc/2023-24/15 dated 05.12.2023. However, despite the clear directions issued by this Court and due service of the order upon the Respondents, no payment has been made to the Petitioner till date.
The learned counsel appearing on behalf of the Petitioner submitted that the Petitioner has been pursuing the matter diligently with the Respondents. However, the Respondent Authorities have not shown any interest in making payment of the amount of Rs.93,32,551/- due to the Petitioner thereby causing hardship to the Petitioner. The learned counsel for the Petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law thereby causing prejudice to the Petitioner. Being aggrieved, the Petitioner has approached this Court under Article 226 of the Constitution.
Mr. S. Dutta, the learned counsel appearing on behalf of the Respondents submitted that there is no denial of the fact that the Petitioner was issued the construction work. He, however, submitted that the entitlement of the Petitioner would depend upon verification to be carried out by the Respondent Authorities.
Upon perusal of the materials on record, this Court is of the opinion that, if the Petitioner had completed the contractual work to the extent claimed to the satisfaction of the Respondents, the Petitioner would be entitled to the amount as certified by the concerned Respondent Authorities. However, verification by the Respondent Authorities would be required for the same. This Court also takes note that on an earlier occasion vide an order dated 24.11.2023 passed in WP(C) No.3441/2017, this Court had already directed the Respondents to verify and pay. Neither the Respondents have verified nor paid any amount to the Petitioner for which the Petitioner had been constrained to again approach this Court. No affidavit also had been filed by the Respondents denying to the contents of the writ petition. The inaction in the present case appears to be not simply a case for non-payment, but also a case of utter disregard to the directions passed in the order dated 24.11.2023 in WP(C) No.3441/2017. Under such circumstances, this Court takes a serious note on the transgression committed by the Respondent Authorities.
Accordingly, the instant writ petition stands disposed of with the following observations and directions:-
The Respondent Nos.2 to 5 is directed to verity as to what amount, the Petitioner is entitled to in respect of the work carried out by the Petitioner in connection with the "Construction of Public Auditorium at Ambagan under Lawkhowa Dev. Block".
The Respondent Nos.2 to 5 shall complete such verification within one month from the date of service of the certified copy of this judgment and order upon the Commissioner, Panchayat and Rural Development Department.
Upon verification, if it is found that the petitioner is entitled to the amount or any amount, the same be paid within 5 months from the completion of the verification. Under no circumstances there can be a delay beyond six months from the date of submission of the certified copy of this judgment and order upon the Commissioner, Panchayat and Rural Development Department.
It is further observed that if during verification by the Respondent Nos.2 to 5 of the entitlement of the Petitioner, it is found that the Petitioner is not entitled to any amount or an amount lesser than the amount claimed in the present proceedings, the Petitioner be informed by the Commissioner, Panchayat and Rural Development Department, Assam or his delegatee within a period of one month from the date a certified copy of this judgment and order is served upon the Commissioner, Panchayat and Rural Development Department, Assam.
An affidavit of compliance to the above directions be filed by the Commissioner, Panchayat and Rural Development Department before this Court within eight months from the date the certified copy of this judgment and order is served upon the Commissioner, Panchayat and Rural Development Department, failing which the writ petition be placed before this Court for further orders.