RAJEN KUMAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. SS Dey, the learned senior counsel appearing for the petitioner.

(2.) As a registered contractor under the Water Resources Department, the petitioner executed flood damage repairing works, to protect the left embankment of the Desang River from Rajgarh to Pathaligarh from 10th KM (Dehinga Konwar Gaon) to 12th KM (Lekonia-Tipomia), as those areas were affected by river erosion in the year 2003-04. The schemes for the repairing works were prepared by the Executive Engineer, Sivasagar Water Resources Division and after the petitioner submitted his tenders, the work orders (Annexure-2 series) were issued, for total contract work estimated at Rs.1,06,77,807/-.

(3.) The allotted works were completed by the contractor and were measured and verified by the departmental authorities and also by the D.C. of the Sivasagar District. The Executive Engineer on 6.6.2006 (Annexure-V), certified in writing that, 45 work orders of Rs.98,568/- each; 33 work orders worth Rs.85,000/- each; and 33 work orders worth Rs.1,04,159/- each, were successfully completed by the petitioner within 45 days. This certification was made by the Executive Engineer in consultation with the Secretary and the Chief Engineer of the Water Resources Department.