Khilikang Mashahary vs State Of Assam And 5 Ors

Heard Mr. R. Dhar, learned counsel for the petitioner; Mr. A Roy, learned Standing Counsel, Panchayat & Rural Development Department for the

respondent Nos.1 & 2 and Mr. RK Mushahary, learned Standing counsel, BTC for respondent Nos.3 to 6.

This writ petition under Article 226 of the Constitution of India whereby the petitioner who was issued a formal work order dated 15.09.2017 by a

sanctioned amount of Rs.25,02,538.00 in respect of work-“Construction of an RCC Box culvert earth filling and sand gravelling from new Bhog A

L.P. School to Perish Road†under Kokrajhar Dev. Block Titaguri. The petitioner submits that he has completed the work to the satisfaction of the

authorities and submitted his bill. It is the further contention of the petitioner that in spite of acknowledgement of the said liability and statement of the

utilization certificate, completion certificate, physical inspection report etc, the petitioner has not been paid his legitimate dues for which the petitioner

has approached this Court under Article 226 of the Constitution of India.

Mr. Mushahary, learned Standing Counsel, BTC has submitted that though from the documents annexed to this writ petition it is prima facie

reflected that the petitioner had completed the Contract-Work, but still there is requirement for verification of the matter. It is submitted that a decision

has been taken by the respondent BTC authorities to examine all the pending claims relating to contract works and to that effect the respondent no. 2

has passed an order on 15.11.2021. As per the said order, the respondent BTC authorities have undertaken to examine all the cases relating to

outstanding liabilities within a period of 6 [six] months from the date of issuance of the said order. Mr. Mushahary has placed a copy of the said order

before this Court.

The order bearing No. BTC/F(Audit)/49/2021/Pt-I/1] dated Kokrajhar, the 15th November, 2021 reads as under :- “

BODOLAND TERRITORIAL COUNCIL SECRETARIAT BODOFA NWGWR::KOKRAJHAR

No. BTC/F(Audit)49/2021/Pt-I/1 Dated- Kokrajhar, the 15th November, 2021

ORDER

WHEREAS it has been noticed that huge number of outstanding liabilities have been created by the erstwhile BTAD authority since 2011 to February,

2020 through contractual work orders to the Contractors/Suppliers, etc. under various entrusted departments of BTC without corresponding budget

provisions

WHEREAS the outstanding liabilities created by the erstwhile BTAD authority are required to undergo detail examination and verification in the

context of proposals of such works made, NIT, selection of successful bidders, quality of works, completion of works, fund position, part payment, etc.

WHEREAS it is further noticed that a good number of court cases have been filed before the Hon’ble Gauhati High Court as well as in the

District Courts of respective District Jurisdictions under BTAD by the Contractors/Suppliers, etc.

praying for release of payments to the Contractors/Suppliers, etc. against their respective work orders

WHEREAS, reportedly, out of the aforesaid contractual works, some part payments also made against portion of works completed by the

Contractors/Suppliers, etc. by the erstwhile BTAD authority in certain cases. However, such fund flow does not follow any rationale and is found to

be arbitrant

AND THEREFORE, in view of the above facts and circumstances, the BTC has decided to verify all such works by conducting comprehensive audit,

financial verification and physical verification wherever applicable, against all such contractual works in the Govt. level and further to complete the

whole exercise in this regard within 6 (six) months from the date of issue of this order. After verifying the same, if it is found that the claims are

admissible after following all established financial norms, the same shall be processed in accordance with law and as per decision contained in

Tamsher Ali and others vs. State of Assam and others Page No. 5/5 reported in 2008 (4) GLT 1 accordingly. Furthermore, if instances of wrongdoing

or misappropriation are found during such comprehensive audit, financial verification and physical verification wherever applicable, appropriate legal

action would be taken against the persons/agencies/firms concerned in accordance with the applicable laws.

This order shall come into force with immediate effect.â€​

Mr. Dhar, learned counsel for the petitioner having gone through the said order, has submitted that the process regarding payment of the

outstanding dues to the petitioner shall be completed within the stipulated time period as mentioned in the said order.

Having considered the contents of the said order dated 15.11.2021 and the decision of the Full Bench judgment of this Court, rendered on

29.09.2008, in Writ Appeal No. 484/2005 [Tamsher Ali and Ors. vs. State of Assam and Ors.], reported in 2008 [4] GLT 1 [FB] and similar other 194

writ petitions, it is considered appropriate that the respondent authorities in the respondent BTC shall undertake the exercise in terms of the said order

dated 15.11.2021 in respect of the claims of the petitioner also and complete the exercise within the time frame mentioned in the order. If after such

exercise, the petitioner is found entitled to the amount of Rs. 25,02,538.00 or any other amount, the same shall be released in favour of the petitioner

forthwith thereafter. The petitioner shall submit a certified copy of this order to the respondent no. 3 within 7 [seven] days from today for his doing the

needful.

The writ petition stands disposed of in terms of the above observation and direction.