Binod Kumar Todi vs. The State Of Assam And 4 Ors.

Held

The Court disposed of the writ petition with a specific direction to Respondent No. 3, the Chief Engineer, Irrigation Department. The Chief Engineer is mandated to verify the petitioner's claims, which were stated to be duly certified by the Executive Engineer, Itakhola, pertaining to an amount of Rs. 10,32,028/-. Following due verification, the Chief Engineer must take all necessary steps for the release of any amount found to be payable to the petitioner in a time-bound manner. The Court also directed that any amount already released to the petitioner in the interim should be deducted from the verified payable amount. The entire exercise is to be completed within six months from the date of furnishing a certified copy of the order. The directions contained in the case of Tamsher Ali and Ors Vs. State of Assam and Ors. (2008 (4) GLT Page 1) are to be followed during the disbursement process. No issue was expressly left undecided.

Facts

The petitioner, Binod Kumar Todi, a Class-I contractor registered with the Irrigation Department of Assam and under GST, was allotted a reconstruction work for the Bordikarai Irrigation Scheme valued at Rs. 18,42,824/-. He completed the work and raised a bill amounting to Rs. 10,91,717/-. A statement, counter-signed by the Executive Engineer and Accounts Officer, indicated an amount of Rs. 10,32,028/- payable to the petitioner. Despite issuing a legal notice, the department failed to release the payment, leading the petitioner to file this writ petition seeking directions for payment release.

Key Issues

1. Whether the petitioner is entitled to the release of payment for the completed work, as per the bills raised and certified by the Executive Engineer. 2. Whether the respondent authorities are obligated to process and release the admitted dues to the petitioner. The petitioner argued that the work was completed, bills were raised, and an amount was certified as payable by departmental officials. He sought directions for the release of this admitted amount. The respondent State, through the Irrigation Department, did not file a formal affidavit but submitted, through their standing counsel, that the writ petition could be disposed of in terms of a previous judgment of the High Court in Tamsher Ali and Ors Vs. State of Assam and Ors. (2008 (4) GLT Page 1).