MD CHUNU CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner happens to be a contractor. He by way of this writ petition has prayed for issuance of a writ of mandamus directing the respondents to pay him some out-standing amount towards the bill for the work he has already executed.

(2.) The counsel for the petitioner Mr. K.A. Mazumdar has submitted that this court can always direct the respondents to make the payment of the amount regarding which there is no dispute. The learned counsel has placed reliance upon a decided case reported in 1996(III) GLT-355 Sri Satya Deo Prasad - Vs-State of Assam and ors.

(3.) I have given thought to the matter in hand. The decided case of Sri Satya Deo Prasad is fully applicable to the instant case, Annexure-1 (c) is a letter written by the Executive Engineer, P.W.D. Silchar Building Division on 18.8.99 to the Dy Secretary to the Govt. of Assam, P.W.D. (Building) Branch, Dispur, Guwahati-6 demanding an amount of Rs. 2,32,000,00. Neither this letter nor factual matrix as averred in the writ petition has been denied by the respondents by filing any written statement. In view of the above, I order the respondent No. 2 to have the finances from the Government and make the payment of the amount of Rs. 2,32,000.00 within a period of 3(three) months from the date of production of a certified copy of this order failing which the petitioner would be entitled to have interest at the rate of 18% p.a. after the expiry of the aforesaid period. If any amount has already been paid, the respondent No. 2 would be entitled to pass a speaking prder and deduct that amount. The order of Chief Engineer in that situation would be open to challenge before this court again. With the aforementioned observation and direction. This writ petition is allowed. No costs.