Advocates:
['AH HAZARIKA', '', 'AP KHARSAHNOH', 'D MAWTHOH', 'SK HUSSAIN', 'ND CHULLAI SR GA MEGHALAYA']

1

THE HIGH COURT OF MEGHALAYA

WP(C). No. 237/2015

Smti. Monjuara Begum,

W/o: Shri. Abdus Shukur Sarkar,

R/o: New Bhaitbari,

P.O: New Bhaitbari, P.S.Phulbari,

District : West Garo Hills,

Meghalaya.

… Petitioner

-Versus-

1.

State of Meghalaya

Represented by the Principal Secretary

to the Govt. of Meghalaya,

Community & Rural Development Department,

Meghalaya, Shillong.

2.

The Under Secretary to the

Govt. of Meghalaya,

Community & Rural Development Department,

Meghalaya, Shillong.

3.

The Deputy Commissioner and

District Programme Coordinator, MGNREGS,

Meghalaya, West Garo Hills District,

Tura.

4.

The Project Director, DRDA &

Additional District Programme Coordinator,

MGNREGS, Meghalaya,

West Garo Hills, Tura.

5.

The Block Development Officer and

Programme Officer, MGNREGS, Selsella,

C&RD Block, Selsella,

West Garo Hills, Meghalaya.

….Respondents

2

BEFORE

THE HON’BLE MR JUSTICE S.R.SEN

For the petitioner

:

Mr. A.H.Hazarika, Adv.

Mr. S.K.Hussain, Adv.

For the respondents

:

Ms. N.G.Shylla, GA

Date of hearing

:

30.06.2016

Date of Judgment

:

30 .06.2016

JUDGMENT AND ORDER (ORAL)

Heard Mr. A.H.Hazarika, learned counsel for the petitioner

as well as Ms. N.G.Shylla, learned GA.

2.

The petitioner’s case in a nutshell is that:

<1.

That the brief matrix of the case is

that the Petitioner is the proprietor of <M/s.

Megha Enterprise=, Govt. Approved Supplier,

since the year 2005, and since then the firm has

been functioning as a Supplier of various

materials to different Govt. Department and

others.

2.

That the Project Director, DRDA cum

Additional

District

Programme

Co-ordinator,

MGNREGS, Tura, issued a Notice Inviting Tender

for supplying Hardware Materials to various

Village

Employment

Council

(V.E.C),

under

Selsella C&RD Block, and the Petitioner’s firm

was selected along with 4(Four) other firms dated

07-04-2011, however, subsequently, on the basis

of Public Complaint, 4 (Four) other firms were

cancelled and re-allotted to the firm of the

Petitioner vide Order dated 21-02-2012.

3.

That the B.D.O./P.O, MGNREGS, Selsella

C&RD Block, issued a Work Order dated 25-04-

2012, and in pursuance of the Work Order, the

Secretary V.E.Cs, placed a Material Supply Order

Slip to the Firm of the petitioner, during the year

2012-13 and accordingly the Petitioner’s firm had

supplied the Hardware Materials to 59 (Fifty nine)

V.E.Cs, under Selsella C&RD Block, amounting to

Rs. 63, 97, 764/- (Rupees Sixty Three Lakhs

3

Ninety Seven Thousand Seven Hundred Sixty

Four) only, and after supplying the materials

submitted the Bill which was duly authenticated

by the Secretary of the respective V.E.Cs and also

Technical

Officer

of

Gram

Sevak

Circle

respectively for an amount of Rs. 63, 97,764/-

(Rupees

Sixty

Three

Lakhs

Ninety

Seven

Thousand Seven Hundred Sixty Four) only which

is still pending and the outstanding bill for

supplying the said materials has not been

sanctioned by the competent authority till date. It

is also stated that the Deputy Commissioner and

District

Programme

Co-ordinator,

MGNREGS,

Tura, approved the rate shown against each of

the items including transportation, loading and

unloading to all the notified centres vide Order

dated 20-06-2011.

4.

That the humble Petitioner further begs to

state that when the outstanding bill of the

Petitioner’s firm has not been paid, the Petitioner

was compelled to addressed a Letter to the

Principal Secretary to the Govt. of Meghalaya,

C&RD Department, I/c MGNREGA, Shillong dated

26-07-2015 and also addressed another letter to

the Deputy Commissioner and District Programme

Co-ordinator, Tura dated 10-10-2014, even after

receiving the said letter, the State respondent has

not taken any initiati