Kalyan Rai Surana, J.:— Heard Mr. N. Biswas, learned counsel for the petitioner as well as Mr. N. Upadhayay, learned Standing counsel, Irrigation department.
2. By this writ petition filed under Article 226 of the Constitution of India, the petitioner is claiming contractual dues of Rs. 57,91,047/-. In this writ petition it is submitted that the Chief Engineer, Irrigation Department, Assam by an order No. DDP/VI/CS/27/2010/4 dated 15.03.2010 issued a formal work order to the petitioner in respect of Dhansiri Irrigation Project for “Construction of spillway over river Sonal at Ch.17932 M of Canal D2 B1M, construction of thatched roof temporary shed, construction of cofferdam, construction of canal embankment at d/s, construction of approached road, construction of protection work for d/s of rivulet” vide formal work order No. DDP/VI/CS/27/2010/4 dated 15/03/10 by the Chief Engineer Irrigation, Government of Assam.
3. As per the formal work order, the work was required to be completed within 5(five) months from the date of issue of work order. It is projected that the incomplete work was stopped by the Irrigation department and at that point of time, the petitioner had completed 83% of the work. In this regard, reliance is placed on the letter dated 19.05.2016 issued by Naba Kr. Bayan, Executive Engineer, Dhansiri Project Division, Canal-I (Irri), Udalguri, which also reflects that the balance work was allotted to another contractor. The petitioner also relies on RTI reply dated 27.07.2018 (Annexure-4) to project that the petitioner is entitled to a balance amount of Rs. 57,91,047/-.
4. The learned Standing counsel, Irrigation Department has submitted that in view of the RTI reply (Annexure-4) the dues of the petitioner is an admitted one.
5. It is also seen that notice of motion was issued in this writ petition by order dated 12.10.2018 and since then the respondents have not filed any affidavit-in-opposition despite time granted. Therefore, the Court is inclined to invoke the doctrine of non-traverse and to deem that the statements made in the writ petition are admitted by the respondents notwithstanding the fact that as per the documents appended to the writ petition it appears that the balance work was awarded to another contractor, which would otherwise mean that the respondents had invoked risk and cost. Be that as it may, as there is no opposition to the writ petition, by invoking doctrine of non-traverse, this writ petition stands allowed.
6. The respondents specifically the Chief Engineer, Irrigation Department is directed to release the admitted dues of the petitioner amounting to Rs. 57,91,047/- within a period of 4(four) months from today. It is further provided that in the event the contractual dues are not paid within the time allowed, the said dues will carry interest @ 6% per annum on or from 08.10.2018 i.e. from the date of filing of this writ petition till full and final payment is released to the petitioner. The petitioner shall produce a certified copy of this order before the Chief Engineer, Irrigation Department, Assam within a week.
7. A copy of the order may be provided to Mr. N. Upadhayay, learned Standing counsel, Irrigation Department.
8. This writ petition stands allowed and disposed of.
Comments