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GAHC040010222023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : WP(C)/351/2023
Kipa Kaney
S/o Late Kipa Rongma, resident of Ganga Market, P.O R.K Mission Hospital, P.S
Itanagar, District Papum Pare, Arunachal Pradesh, Mobile No. 8416003189
VERSUS
1:The State of AP and 4 Others represented by the Commissioner/Secretary, Public
Work Department (PWD), Government of Arunachal Pradesh, A.P Civil Secretariat
Itanagar.
2:The Chief Engineer, PWD (Central Zone A) Government of Arunachal Pradesh
Itanagar.
3:The Superintending Engineer, P.W.D Yachuli Circle Yazali District Lower Subansiri
Arunachal Pradesh.
4:The Executive Engineer, P.W.D Sangram Division P.O/P.S Sangram District Kurung
Kumey Arunachal Pradesh.
5:The Commissioner/Secretary (Finance) Government of Arunachal Pradesh A.P
Civil Secretariat Itanagar
Advocate for the Petitioner : Gimi Tarak
Advocate for the Respondent : GA (AP)
BEFORE
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HONBLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : 31-07-2024
Heard Mr. G. Tarak, learned counsel for the petitioner. Also
heard Mr. Y. Riram, learned Government advocate for the State
respondents.
2. It is seen that the State respondents have not filed their
counter-affidavit till date and this Court vide its order dated
26.06.2024 had noted that “since notice in this case was issued on
02.08.2023 and considering the claim of the petitioner pending
before the respondent authorities for the period from 2008-2009 and
2009-2010, no further time shall be granted to the respondents to
file their affidavit(s) beyond 26.07.2024.” This court finds it
appropriate to hear the matter since the State respondents have not
filed their counter-affidavit till date.
3. Mr. G. Tarak, learned counsel for the petitioner submits that the
instant writ petition filed under Article 226 of the Constitution of
India, for the payment of the pending bills to the petitioner after
completion of the works, wherein the petitioner was awarded several
numbers of work orders by the Executive Engineer, Sangram
Division, Public Works Department. And after the completion of his
works, he had submitted his bills against the works completed
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amounting to Rs.1,12,05,799/-(Rupees One Crores Twelve Lakhs
Five Thousand Seven Hundred and Ninety Nine)only. Thereafter,
several communications were made between the petitioner and the
respondent authorities, for the payment of the bills.
4. Being dissatisfied with their responses, the petitioner had
lodged a complaint before the SIC (Vig.), whereby requesting to
unearth the reasons why the outstanding pending bills are not
released. The SIC(Vig.) submitted an enquiry report on 28.01.2022,
in favour of the petitioner affirming the claims being genuine and
after receiving the report, the Chief Engineer (Vigilance and
Training), PWD, Government of Arunachal Pradesh, communicated
the same to the Chief Engineer (CZ-A) PWD, Mowb-II, Itanagar, for
necessary action. Thereafter, after several communications, the
Executive Engineer, Sangram Division, PWD, Government of
Arunachal Pradesh addressed a letter dated 23.03.2022, to the
Superintendent Engineer, Yachuli Civil Circle, PWD, Lower Subansiri
District, Arunachal Pradesh for requisition of additional fund/LOC to
clear the outstanding liabilities in respect of the petitioner.
5. The learned counsel submits that the above communications
and said letters clearly reflects that the petitioner is entitled to be
paid the sum of Rs.1,12,05,799/-(Rupees One Crores Twelve Lakhs
Five Thousand Seven Hundred and Ninety Nine)only, for his work for
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improving of road from Nyapin to Sango 0.00-15.00 Km under SPA
during 2008.
6. This Court having perused the nature of the communications
made by the State respondents, finds that it is an admitted fact that
the State respondents are liable to pay to the petitioner, the sum of
Rs.1,12,05,799/-(Rupees One Crores Twelve Lakhs Five Thousand
Seven Hundred and Ninety Nine)only, which are his pending bill.
7. In view of the above, the instant writ petition is disposed of
with an order that the State respondents are to take steps for
releasing the pending bills of the petitioner, amounting to
Rs.1,12,05,799/-(Rupees One Crores Twelve Lakhs Five Thousand
Seven Hundred and Ninety Nine)only, within a period of 4(four)
months from the date of receipt of certified copy of this order, and
failure to pay the said amount within a stipulated time period, there
will be an interest imposed at the rate of 6% per annum, as prayed
for by the learned counsel for the petitioner.
Accordingly, the instant writ petition stands disposed of.
JUDGE
Comparing Assistant