TAMSHER ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS batch of writ petitions and the two writ appeals are before us in terms of the order passed on 18 -5 -2007 by the Division Bench of this Court in W. A. No. 484/2005. The writ appeal has been filed against the order dated 8 -6 -2005 passed in WP (C) No. 247/2005 by which the learned Single Judge entertained the claim of the writ petitioner for payment of the contractual bill amount pertaining to the works completed by the petitioner in terms of the work orders issued by the respondents during the period from 14 -11 -1996 to 12 -3 -2004. The writ petition was disposed of by the impugned order dated 8 -6 -2005 in terms of the earlier judgment and order dated 31 -5 -2005 passed by the learned single Judge in WP (C) No. 8995/2004 (Jatin Pathak v. State of Assam and Ors.) which was filed claiming similar relief.

(2.) SINCE the writ petition was disposed of in terms of the earlier judgment and order dated 31 -5 -2005 in WP(C) No. 3354/2004, a little reference to the facts involved in the said writ petition may be made herein. The writ petition was filed seeking appropriate directions for payment of an amount of Rs. 8,82,064/ -, which was claimed to be the admitted amount payable to the petitioner on account of contractual works performed and executed by him for the Public Works Department (PWD) of the Government of Assam.

(3.) HAVING regard to the proceeding in hand including the proceeding in Contempt Case No. 5/2004 and the stand of the Departmental Commissioner and Special Secretary in his affidavit, the Court reasonably assumed that there would be a large number of other contractors to whom money is due, but who may not have moved the Court for payment of their admitted outstanding dues. It was in such circumstances, the writ petition was disposed of in little modification of the orders passed earlier in similar matters so as to secure the interests of all concerned and to ensue an equitable distribution of Government fund in discharge of the admitted outstanding dues for the citizens.