LAWS(GAU)-1995-11-27

GOURANGA CHANDRA SAHA SARDAR Vs. STATE OF ASSAM

Decided On November 24, 1995
GOURANGA CH.SAHA SARDAR Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) The petitioner is a registered contractor, who has been doing works on contract under Respondent No. 3 in the district of Karimganj. He submitted his bills which were duly passed after due verification, but one bill for Rs.41,800/- had been pending since 1992. Ultimately after a lot representation to authorises the Respondent No. 3 issued a Cheque No 688032 of Book No. 1376 on 19.10.92 for the above sum of Rs. 41,800/- on State Bank of India, Karimganj against the" pending bills. The Cheque was presented to the Bank on 21.10.92 but the Bank refused to make payment on the ground that the State Govt. had issued instructions by then to stop payment of all Cheques issued to the contractors.

(2.) The petitioner brought it to the notice of the Respondent No. 3 the Executive Engineer, who assured him of replacement by issuing a fresh cheque, and asked for return of the Cheque No. 688032 dated 19.10.92 issued by him. The petitioner reposing faith in him returned the cheque but the respondent (No. 3) thereafter did not issue a fresh cheque as promised by him. The petitioner submitted representations (Annexure-1 & 2) to the authorities. But, except for empty illusory promises, he got nothing. He therefore, served a notice u/s 80 C.P.C through his counsel. It was only on receipt of this notice that the Under Secretary of the Government vide letter dated 6.4.94 wrote to the Chief Engineer as under-"Sub: Notice u/s ISO C.P.C. served by Jotirmoy Das, Advocate, Dist, Bar Association, Karimganj on behalf of his client Shri Gouranga Ch Sahaj Sardar of Karimganj." Sir, I am directed to forward herewith a copy of pleader's notice served by Jyotirmoy Das. Advocate 'Karimganj on behalf of his client Shri Gouranga Saha Sardar of Karimganj amd to request you kindly to settle-up the matter early under intimation to the Govt."

(3.) Inspite of the above letter, no payment was made. The petitioner has therefore approached this Court praying for issuance of a writ or direction to Respondent State to pay the amount of Rs 41,800/-. It is a simple case with serious reflections on the functioning of the State Govt. Although the petitioner has also claimed other outstanding dues, confining to the amount covered by the cheque, learned counsel contended that its payment could not be stopped under and executive fiat of the State Govt. Considering the nature of the case learned Govt. Advocate was directed to seek instructions in the matter when this petition came to be listed before me on 22.11.95, the learned Addl. Senior Govt. Advocate Mrs. A. Hazarika was asked look into the matter, how a cheque for a paltry sum of Rs. 41,800/- could be withheld for such a long time, dragging a contractor to this Court. Today the learned Addl Senior Govt. Advocate has placed a communication as received by her from the Government, which she has placed on record. It reads- Sub: C/R No. 2927/95 Ref:No 6404 dtd 22.11.95 Sir, In inviting a reference to your above quoted letter, I have the honour to inform you that the Executive Engineer, Karimganj Division (Irrigation) has been asked to issue a fresh cheque immediately on receipt of fund from the Finance Deptt. for which demand has already been submitted. Yours faithfully, Sd/- Chief Engineer, Minor Irrigation, Assam, Guwahati-3"