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2022 Supreme(Gau) 984

IN THE HIGH COURT OF GAUHATI, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH), (ITANAGAR BENCH)
ACHINTYA MALLA BUJOR BARUA, J.
Shri Likha Soni, S/o. Likha Leji – Petitioner
Versus
The State Of A.P., Represented By The Chief Secretary, Govt. Of A.P., Itanagar and Ors. – Respondents
WP(C) No.573 Of 2018
Decided On : 24-08-2022

Advocates Appeared:
For the Petitioner: T.T. Tara.
For the Respondents: D. Soki.

Headnote:

Constitution of India, 1949 – Article, 226 – Power of High Court to issue certain writs – Power of Attorney – Learned counsel petitioner and also heard learned Additional Senior Government Advocate representing for all State respondents – Held, Court objection would be barred by principles of constructive resjudicata inasmuch raised or which ought to have been raised in an earlier petition raised is barred by principle of constructive res judicator to be raised in subsequent petition – Respondent are directed to carry forward order passed by Secretary to Government of Arunachal Pradesh in Food and Supply Department and rectify from official records of shortcomings recorded in said order rectification Secretary to verify from official records as to whether petitioner had actually carried out contract work details of which is provided in bill itself – Writ petition is disposed of.

JUDGMENT :

1. Heard Mr. T. T. Tara, learned counsel for the petitioner and also heard Mr. D. Soki, learned Additional Senior Government Advocate representing for all the State respondents.

2. By an order No.SCS-16/2002/(Pt-11)/202, dated 16.12.2003, the Government of Arunachal Pradesh in the Department of Civil Supplies, Itanagar, had accorded an extension to Shri Khyoda Apik, as PDS carriage contractor for Lower Subansiri District for a period 2004-06. As a means of convenience, Shri Khyoda Apik requested the present petitioner namely Shri Likha Soni to execute the PDS carriage contract for the Lower Subansiri District for the period 200406, as extended in favour of Shri Khyoda Apik, by the order dated 16.12.2003.

3. It is stated that Shri Khyoda Apik had executed a Power of Attorney dated 09.02.2004, in favour of the petitioner Shri Likha Soni. Be that as it may, upon completing the work the petitioner submitted the bill dated 17.12.2007 to the Director Food & Civil Supplies, Government of Arunachal Pradesh, for an amount of Rs.1,39,04,642/-(Rupees one crore thirty nine lakhs four thousand six hundred forty two). The bill contains the details of the transportation work that the petitioner claims to have done. But as the bill was not paid, the petitioner made a representation dated 15.03.2018, to the Secretary, Food & Civil Supply, Government of Arunachal Pradesh, Itanagar and the Director, Food & Civil Supply, Government of Arunachal Pradesh, Naharlagun, respectively. When the representation was not given its consideration, the petitioner instituted a writ petition No.WP(C)173(AP)/2018, wherein, the order dated 11.04.2018, was passed. In the order of 11.04.2018, the Court had taken note that the claim of the petitioner for a bill amounting to Rs.1,39,04,642/-(Rupees one crore thirty nine lakhs four thousand six hundred forty two) was not paid and upon non-payment of the bill the petitioner had also submitted a representation dated 15.03.2018.

4. It is taken note that in the writ petition No.WP(C)173(AP)/2018, it was the claim of the petitioner that the bill amounting to Rs.1,39,04,642/- (Rupees one crore thirty nine lakhs four thousand six hundred forty two) was not paid and secondly, in respect thereof, he had submitted a representation claiming for the amount. In the aforesaid circumstances in the order dated 11.04.2018, the Secretary, Food & Civil Supply, Government of Arunachal Pradesh, Itanagar, was directed to give a consideration to the said representation with a proper response to the grievance raised by the petitioner for the payment of the outstanding bill. The direction of the Court is explicitly clear that it is not only a requirement for consideration of the representation but also to consider the grievances of non-payment of the outstanding bills.

5. In the aforesaid circumstance the order dated 05.07.2018, was passed by the Secretary, to the Government of Arunachal Pradesh, in the Food & Supplies Department. By the said order the Secretary arrived at his conclusion that out of the claimed amount of Rs.1,39,04,642/-(Rupees one crore thirty nine lakhs four thousand six hundred forty two), the petitioner would be entitled for a payment of Rs.57,84,473/- (Rupees fifty seven lakhs eighty-four thousand four hundred seventy three), and in the order it was further provided that the petitioner was recommended for the said amount of Rs.57,84,473/-(Rupees fifty seven lakhs eighty-four thousand four hundred seventy three) against the amount that would have been admissible as per the State Government approved carriage rate for a sum of Rs.1,12,92,813/- (Rupees one crore twelve lakhs ninety two thousand eight hundred thirteen).

6. In the order the Secretary refers to the earlier re-verification done by the Scrutiny Board constituted for the purpose in the year 2014. In the view of the Scrutiny Board the petitioner would be entitled to Rs.57,84,473/-(Rupees fifty seven lakhs eighty-four thousand four hundred seventy three),

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