Manipur High Court
Shri B.D. Sunchson Anal vs State Of Manipur & 3 Ors on 20 September, 2021
Author: Kh. Nobin Singh
Bench: Kh. Nobin Singh
Digitally signed by
LAISHRAM
LAISHRAM
DHAKESHORI DEVI
DHAKESHORI DEVI Item No. 46
Date: 2021.09.22
14:39:59 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 492 of 2020
Shri B.D. Sunchson Anal.
...Petitioner
- Versus -
State of Manipur & 3 Ors.
...Respondents
(VIDEO CONFERENCE)
B EF O R E
HON'BLE MR. JUSTICE KH. NOBIN SINGH
ORDER
20-09-2021 [1] Heard Shri L. Raju, learned counsel appearing for the petitioner. [2] According to the petitioner, he is the 1st class Contractor M.I.D. who used to supply equipments and other materials to the Departments of the State Government.
[3] As approved by the Chief Engineer, PHED, the Executive Engineer, PHED, Chandel Division issued two supply orders -- one, dated 3-6-2013 and two, 10-6-2013 for the supply of materials as mentioned therein.
[4] The petitioner supplied the said materials as mentioned in the supply orders on 12-7-2013 and 22-7-2013 respectively for which he submitted two bills -- one, amounting to Rs. 5,08,000/- and two, Rs. 4,75,500/- to the Executive Engineer. As a token of having acknowledged the receipt of the materials, the Executive Engineer gave an endorsement WP(C) No. 492 of 2020 Page 1 of 4 on the back of the bills and recorded the same in the relevant measurement book certifying the materials being received fully in good quality condition and as per specification but the petitioner was not given the amount as mentioned in the bills.
[5] Being aggrieved by the inaction on the part of the respondents, the instant writ petition has been filed by the petitioners on the inter alia grounds that in respect of other supply orders executed by some other contractors/suppliers long after the execution of the work by the petitioner, bills have been paid. In many other similarly situated cases, the Hon'ble High Court disposed of their writ petitions directing the respondents to pay the undisputed bills which were duly complied with by the State Government, one of which being the order dated 14-2-2012 passed by the Hon'ble High Court in WP(C) No. 400 of 2011, followed by another order dated 26-8-2019 passed by this Court in WP(C) 832 of 2017. The manner in which the respondents have cleared the bills by adopting pick and choose method, is highly unfair and unreasonable. [6] An affidavit-in-opposition on behalf of respondent Nos. 1, 3 & 4 has been filed, paragraph 3 thereof reads as under :--
"3. That with reference to para Nos. 3 to 5 of the writ petition, it is humbly submitted that the financial/budget system is yearly basis and works have to be executed as per the yearly approved work programme and within the allocated budget of that particular year. Accordingly funds are also released as per approved budget on yearly basis. It is further submitted that the Department had already released the full amount against budget provisions of the relevant years of the Chandel WP(C) No. 492 of 2020 Page 2 of 4 Division to the Division concerned. It may thus, be concluded that the responsibility of the payment of any outstanding bills owed to the petitioner, if any for the alleged completed works lies with the Executive Engineer, PHE Chandel Division.
Moreover, as per the report submitted by the Executive Engineer, PHE Chandel Division, there is no record available regarding the status of the claimed supply orders."
[7] A rejoinder affidavit thereto has been filed by the petitioner wherein it has been stated as under :--
"Further, the submission of the respondents regarding non available of the status of the claimed aforesaid supply orders of the petitioner, it is humbly submitted that during the bifurcation of Chandel District into two districts vide Chandel and Tengnoupal districts, the then Assistant Engineer, intimated the petitioner to come to the office so as to collect the original copies of measurement book (MB) and related bills voucher, as there was lot of confusion created due to bifurcation of Chandel into two districts as Tengnoupal and Chandel Districts. The copies of original documents was handed to the petitioner by the then cashier of PHE Chandel Division namely Thokchom Roben, who now posted as PHED, Imphal West."
[8] When the matter is taken up for consideration, it has been submitted by the learned counsel appearing for the petitioner that the instant writ petition can be disposed of by issuing an innocuous order permitting the petitioner to submit documents for consideration by the State Government and accordingly, the writ petition stands disposed of with the direction that the petitioner is permitted to submit the copies of the original documents which were handed over to him by the then Cashier, PHED, Chandel Division within a period of two weeks to the respondent No. 1, Principal Secretary/Commissioner, PHED, Government of Manipur WP(C) No. 492 of 2020 Page 3 of 4 and in the event of such copies of the documents being submitted by the petitioner, the respondents and in particular, respondent No. 1 shall consider the same and issue a speaking order in respect thereof. [9] Copies of this order shall be sent to the counsel appearing for the parties through their WhatsApp/e-mail.
JUDGE Victoria WP(C) No. 492 of 2020 Page 4 of 4