Gauhati High Court
Md. Jiyaur Pasa vs The State Of Assam And 5 Ors on 13 August, 2021
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/8
GAHC010066922021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2495/2021
MD. JIYAUR PASA
S/O LATE SALIM PASA, NALBARI TOWN, WARD NO. 8, P.S. AND P.O.
NALBARI, DIST. NALBARI, ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, PUBLIC WORKS ROADS DEPTT., DISPUR, GUWAHATI 06
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPTT. (BORDER ROADS) CHANDMARI
GUWAHATI
ASSAM 781003
3:THE CHIEF ENGINEER
PUBLIC WORKS ROAD DEPTT.
CHANDMARI GUWAHATI 03
ASSAM.
4:THE ASSTT. EXECUTIVE ENGINEER
PUBLIC WORKS ROAD DEPTT. (PWRD)
PLANNING CELL
DISPUR
GUWAHATI 06
ASSAM.
5:SAILEN BAISHYA
VILL. AND P.O. JAGARA
Page No.# 2/8
DIST. NALBARI
ASSAM 781310
6:NATIONAL RURAL INFRASTRUCTURE DEVELOPMENT AGENCY
REPRESENTED BY ITS DIRECTOR GENERAL
KRISHI BHAWAN
NEW DELHI 11000
Advocate for the Petitioner : MR. MD S HOQUE
Advocate for the Respondent : SC, PWD ROAD
Linked Case : WP(C)/2656/2021
MD. JIYAUR PASA
S/O LATE SALIM PASA
NALBARI TOWN
WARD NO. 8
P.S. AND P.O. NALBARI
DIST. NALBARI
ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM
PUBLIC WORKS ROADS DEPTT.
DISPUR
GUWAHATI 06
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPTT. (BORDER ROADS) CHANDMARI
GUWAHATI
ASSAM 781003
3:THE CHIEF ENGINEER
PUBLIC WORKS ROAD DEPTT.
CHANDMARI
GUWAHATI 03
Page No.# 3/8
ASSAM.
4:THE ASSTT. EXECUTIVE ENGINEER
PUBLIC WORKS ROAD DEPTT. (PWRD) PLANNING CELL
DISPUR
GUWAHATI 06
ASSAM.
5:M/S ENTERPRISE
SIXMILE
PANJABARI
KAMRUP (M)
GUWAHATI 781307
6:NATIONAL RURAL INFRASTRUCTURE DEVELOPMENT AGENCY
REPRESENTED BY ITS DIRECTOR GENERAL
KRISHI BHAWAN
NEW DELHI 110001
------------
Advocate for : MR. MD S HOQUE
Advocate for : SC
PWD ROAD appearing for THE STATE OF ASSAM AND 5 ORS
Linked Case : WP(C)/2535/2021
MD. JIYAUR PASA
S/O LATE SALIM PASA
NALBARI TOWN
WARD NO. 8
P.S. AND P.O. NALBARI
DIST. NALBARI
ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM
PUBLIC WORKS ROADS DEPTT.
DISPUR
GUWAHATI 06
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPTT. (BORDER ROADS)
Page No.# 4/8
CHANDMARI GUWAHATI
ASSAM 781003
3:THE CHIEF ENGINEER
PUBLIC WORKS ROAD DEPTT.
CHANDMARI GUWAHATI 03
ASSAM.
4:THE ASSTT. EXECUTIVE ENGINEER
PUBLIC WORKS ROAD DEPTT. (PWRD) PLANNING CELL
DISPUR
GUWAHATI 06
ASSAM.
5:M/S CAPITAL ENTERPRISE
C/O SANBOM TALPODIA
2ND FLOOR
PAMIL PALACE
ZOO ROAD TINIALI
GUWAHATI 781024
6:NATIONAL RURAL INFRASTRUCTURE DEVELOPMENT AGENCY
REPRESENTED BY ITS DIRECTOR GENERAL
KRISHI BHAWAN
NEW DELHI 110001
------------
Advocate for : MR. MD S HOQUE
Advocate for : SC
PWD ROAD appearing for THE STATE OF ASSAM AND 5 ORS
Linked Case : WP(C)/2525/2021
MD. JIYAUR PASA
S/O LATE SALIM PASA
NALBLARI TOWN
WARD NO. 8
P.S. AND P.O. NALBARI
DIST. NALBARI
ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM
Page No.# 5/8
PUBLIC WORKS ROADS DEPTT.
DISPUR
GUWAHATI 06
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPTT. (BORDER ROADS) CHANDMARI
GUWAHATI
ASSAM 781003
3:THE CHIEF ENGINEER
PUBLIC WORKS ROAD DEPTT.
CHANDMARI
GUWAHATI 03
ASSAM.
4:THE ASSTT. EXECUTIVE ENGINEER
PUBLIC WORKS ROAD DEPTT. (PWRD)
PLANNING CELL
DISPUR
GUWAHATI 06
ASSAM.
5:M/S SUNRISE ENTERPRISE
SIXMILE
PANJABARI
GUWAHATI 781037
6:NATIONAL RURAL INFRASTRUCTURE DEVELOPMENT AGENCY
REPRESENTED BY ITS DIRECTOR GENERAL
KRISHI BHAWAN
NEW DELHI 110001
------------
Advocate for : MR. MD S HOQUE
Advocate for : SC
PWD ROAD appearing for THE STATE OF ASSAM AND 5 ORS
Linked Case : WP(C)/2674/2021
MD. JIYAUR PASA
S/O LATE SALIM PASA
NALBARI TOWN
WARD NO. 8
P.S. AND P.O. NALBARI
DIST. NALBARI
ASSAM.
Page No.# 6/8
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM
PUBLIC WORKS ROADS DEPTT.
DISPUR
GUWAHATI 06
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPTT. (BORDER ROADS) CHANDMARI
GUWAHATI
ASSAM 781003
3:THE CHIEF ENGINEER
PUBLIC WORKS ROAD DEPTT.
CHANDMARI
GUWAHATI 03
ASSAM.
4:THE ASSTT. EXECUTIVE ENGINEER
PUBLIC WORKS ROAD DEPTT. (PWRD) PLANNING CELL
DISPUR
GUWAHATI 06
ASSAM.
5:BIKASH SARMA
KHARGHULI
GUWAHATI
KAMRUP (M
GUWAHATI 781004
6:NATIONAL RURAL INFRASTRUCTURE DEVELOPMENT AGENCY
REPRESENTED BY ITS DIRECTOR GENERAL
KRISHI BHAWAN
NEW DELHI 110001
------------
Advocate for : MR. MD S HOQUE
Advocate for : SC
PWD ROAD appearing for THE STATE OF ASSAM AND 5 ORS
Linked Case : WP(C)/2626/2021
MD. JIYAUR PASA
Page No.# 7/8
S/O LATE SALIM PASA
NALBARI TOWN
WARD NO. 8
P.S. AND P.O. NALBARI
DIST. NALBARI
ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM
PUBLIC WORKS ROADS DEPTT.
DISPUR
GUWAHATI 06
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPTT. (BORDER ROADS)
CHANDMARI
GUWAHATI
ASSAM 781003
3:THE CHIEF ENGINEER
PUBLIC WORKS ROAD DEPTT.
CHANDMARI
GUWAHATI 03
ASSAM.
4:THE ASSTT. EXECUTIVE ENGINEER
PUBLIC WORKS ROAD DEPTT. (PWRD) PLANNING CELL
DISPUR
GUWAHATI 06
ASSAM.
5:MD. MAHSEN ALI
P.O. AND P.S. RAMPUR
DIST. NALBARI
ASSAM 781312
6:NATIONAL RURAL INFRASTRUCTURE DEVELOPMENT AGENCY
REPRESENTED BY ITS DIRECTOR GENERAL
KRISHI BHAWAN
NEW DELHI 110001
------------
Advocate for : MR. MD S HOQUE
Advocate for : SC
Page No.# 8/8
PWD ROAD appearing for THE STATE OF ASSAM AND 5 ORS
BEFORE
THE HON'BLE MR JUSTICE PRASANTA KUMAR DEKA
ORDER
13.08.2021 Heard S. Haque, the learned counsel for the petitioner. Also heard Mr. H. R. A. Choudhury, the learned Senior Counsel assisted by Mr. M. Dutta, the learned counsel for the respondent No. 5 in WP(C)/2525/2021, WP(C)/2626/2021, WP(C)/2656/2021, WP(C)/2674/2021, Mr. A. Sarma, the learned Senior Counsel assisted by Mr. G. Bhardwaj, the learned counsel for the respondent No. 5 in WP(C)/2495/2021.
Mr. B. Gogoi, the learned Standing Counsel for the PWD Department filed affidavit-in-opposition in WP(C)/2495/2021 and WP(C)/2674/2021. It is submitted by Mr. Choudhury, the learned Senior Counsel that affidavit-in- opposition of the respondent No. 5 in WP(C)/2525/2021 was filed, however, the same is not tagged with the case record.
Mr. Haque, the learned counsel for the petitioner sought time till next Thursday i.e. 26.08.2021. Accordingly time is allowed.
List these matters on 26.08.2021.
JUDGE Comparing Assistant