Gauhati High Court
Page No.# 1/5 vs Babul Choudhury on 4 August, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010126692025
2025:GAU-AS:10230
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./160/2025
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, WATER
RESOURCES DEPTT., DISPUR, GUWAHATI 781006, ASSAM.
2: THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
CHANDMARI
GUWAHATI 03
ASSAM.
3: THE SUPERINTENDING ENGINEER
PALASHBARI TOWN PROTECTION CIRCLE
WATER RESOURCES DEPTT.
BHARALUMUKH
GUWAHATI 9
4: THE EXECUTIVE ENGINEER
WATER RESOURCES DEPTT.
GUWAHATI WEST WATER RESOURCES DIVISION
BHARALUMUKH
GUWAHATI
VERSUS
BABUL CHOUDHURY
S/O LATE AKBAR ALI, VILL. AND P.O. MANDAKATA, P.S. BAIHATA
CHARIALI, DIST. KAMRUP, ASSAM 781121
For the petitioner (s) : Ms. R. Deka,
SC, Water Resource
Page No.# 2/5
For the respondent (s) : XXXX
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 04.08.2025
Date of Judgment : 04.08.2025
JUDGMENT AND ORDER (ORAL)
Heard Ms. R. Deka, the learned counsel appearing on
behalf of the review petitioners.
2. The present review application has been filed challenging
the common order dated 27.09.2022 passed in WP(C)
No.4891/2021 whereby the learned Coordinate Bench of this
Court after hearing the learned counsel for the parties in the said
writ petition along with the batch of connected writ petitions
passed the following order:-
"(1) Within 15 (fifteen) days from today, the concerned official of
the State Government of Assam will communicate the
supplementary budget passed in the last Assembly Session
pertaining to the scheme to the competent authority of the Ministry
of Jal Shakti, Government of India.
(2) Within 60 (sixty) days from the date of receipt of such
communication, the Ministry of Jal Shakti to release the amount due
under the schemes to the concerned Department of the Government
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of Assam.
(3) Upon receipt of the amount, bills of the writ petitioners shall be
processed and cleared within a further period of 45 days.
In view of the directions issued herein above, the respondents
to complete the entire process within a period of four months from
today.
A copy of this order be furnished to Mr. B. Goswami, learned
Addl. Advocate General, Assam and Mr. R. K. Dev Choudhury,
learned DSGI.
The written instructions dated 26.09.2022 be kept as a part of
the record of this case.
All these writ petitions stand disposed of accordingly."
3. By referring to the order dated 27.09.2022, Ms. R. Deka,
the learned counsel appearing on behalf of the review petitioners
has argued that the review petition arises out of the common
order dated 27.09.2022 passed in the connected writ petitions
wherein, the Ministry of Jal Shakti was not made a party.
4. Contending that the pending bills could not be cleared by
the State of Assam due to non-receipt of the share of
contribution coming from the Ministry of Jal Shakti, Union of
India, Ms. R. Deka, the learned counsel for the review petitioners
submits that these writ petitions are required to be heard afresh
after serving notice upon the Ministry of Jal Shakti. Ms. R. Deka,
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the learned counsel for the review petitioners has, however,
candidly submitted that the order dated 27.09.2022 passed by
this Court even in respect of those writ petitions where the
Ministry of Jal Shakti was impleaded as party, has not been
complied with till today.
5. Be that as it may, this Court finds that by the order dated
27.09.2022 direction was also issued to the Ministry of Jal Shakti
to release the amount due under the scheme. The Ministry of Jal
Shakti was duly represented by Mr. R. K. Dev Choudhury, learned
Deputy Solicitor General of India but no objection was raised by
the learned counsel for the respondents on the ground of non-
joinder of necessary party. Moreover, the said Ministry has also
not sought any review of the order.
6. It was for the petitioners to implead the Ministry of Jal
Shakti and if they had failed to do so resulting in a situation
where the order dated 27.09.2022 cannot be implemented on
technical grounds, even then, it would be for the writ petitioners
to face the consequences. The same cannot, however, be a
ground for this Court to review/ recall the order dated
27.09.2022, which was passed by this Court after hearing the
learned counsel for the parties including the Deputy Solicitor
General of India representing the Ministry of Jal Shakti in the
Union of India as well as the Brahmaputra Board.
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7. For the reasons stated herein above, this Court does not find
any good ground to review the order dated 27.09.2022.
8. Consequently, the Review Petition is held to be devoid of
any merit. The same is accordingly, dismissed.
JUDGE
Comparing Assistant
