Judgment · High Court

Heard Mr. P.K. Mazumdar, learned counsel for the petitioner as well as Mr. B. Go swami, learned Standing Counsel, Water Resources Department, Assam. This is an application under Article 226 of the Constitution of India on behalf of the writ petitioner praying for undisputed bill against the work performed by him under the Water Resources Department of Government of Assam. According to t he petitioner, a sum of Rs. 1, 04, 280/- (Rupees one Lakh four Thousand two Hund red eighty) only, is yet to be cleared although some amount have been paid to hi m. No affidavit-in-opposition has been filed by the Government and the amount has n ot been disputed. In a batch of petitions of similar nature a Full Bench of this Court passed a ju dgment on 29.09.2008 in the case of Tamsher Ali and Ors. vs. State of Assam and Ors., reported in 2008 (4) GLT 1, by providing certain guide lines for disposal of the claim of similarly situated persons and thereby all contractors were give n liberty to have their names registered in the concerned division and the Gover nment was directed to make payment of admitted amounts in chronological order on the basis of date of which payment is due and to discharge the admitted dues fr om the funds that may be received. In that view of the matter, petitioner shall be at liberty to approach the Chief Engineer of Water Resources Department along with all necessary particulars so that his case may also be considered in view of the law laid down by Tamsher Ali (Shupra).