Page No.# 1/7 vs The State Of Assam And 6 Ors
2025 Latest Caselaw 9029 Gua

Gauhati High Court

Page No.# 1/7 vs The State Of Assam And 6 Ors on 1 December, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                            Page No.# 1/7

GAHC010269772023




                                                      2025:GAU-AS:16367

                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/6948/2023

         PINTU DEB
         SON OF LATE NALINI KANTA DEB,
         RESIDENT OF VILLAGE- MUNDAMALA,
         P.O. AND P.S.- PATHERKANDI,
         DIST.- KARIMGANJ, ASSAM, PIN- 788724.



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
         WATER RESOURCE DEPARTMENT,
         DISPUR, GUWAHATI- 781006.

         2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
         WATER RESOURCE DEPARTMENT
          DISPUR
          GUWAHATI- 781006.

         3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI- 781006.

         4:THE ADDITIONAL CHIEF ENGINEER
          CACHAR AND HILLS WATER RESOURCES
          SILCHAR
          DISTRICT- CACHAR
         ASSAM

         PIN- 788001.

         5:THE SUPERINTENDING ENGINEER
                                                                Page No.# 2/7

          HAILAKANDI W.R. CIRCLE
          HAILAKANDI
          ASSAM
          PIN- 788151.

         6:THE EXECUTIVE ENGINEER
          KARIMGANJ W.R. DEPARTMENT
          KARIMGANJ
         ASSAM
          PIN- 788710.

         7:THE ASSISTANT EXECUTIVE ENGINEER
         W.R. SUB-DIVISION
          KARIMGANJ
         ASSAM
          PIN- 788710.

         8:THE DEPUTY COMMISSIONER

          KARIMGANJ MAIN ROAD
          DIST.- KARIMGAN

BEFORE
          HONOURABLE MR. JUSTICE DEVASHIS BARUAH

 For the petitioner (s)    : Mr. S. R. Rabha, Advocate

 For the respondent (s)  : Ms. P. Seiyie, SC,
                    Water Resources Dept.

 Date on which judgment is reserved          : NA

 Date of pronouncement of judgment              : 01.12.2025

 Whether the pronouncement is of the
 Operative part of the judgment?                : NA

 Whether the full judgment has been
 Pronounced?                                     : Yes

                          JUDGMENT AND ORDER (ORAL)

Page No.# 3/7

The instant writ petition is filed by the petitioner challenging the non- payment of the admitted amount of Rs.31,62,083/- for execution of various contractual works allotted to the petitioner by the Respondent Authorities.

2. The case of the petitioner herein is that the petitioner was allotted various works by the Respondent Authorities more particularly by the respondent Nos.4 & 6 which are stated herein under:-

a) Work order No. CEWR(C&H)/TB/ M & R/WO/K/2012-13 dated 28.12.2012 issued by the Additional Chief Engineer, Cachar & Hills Water Resources, Silchar M & R to embankment along both banks of river Logai from Patherkandi to Nilambazar Ph-1 L/B of river Longai for 2012-13. Approximate value - Rs. 69,279.00.

(b) Work order No. KXJ / T-10 / WO / M & R / Divn / 2012-13 / 15 dated 05.01.2013 issued by the Executive Engineer, Water resources Division, Karimganj. M & R to protect the area from Phanirbond to Dullabpur from flooding of River Shingla for 2012-13 (Breach closing work at Fakiragram-II). Approximate value - Rs. 62,610.00.

(c) KXJ / T-10 / WO / Muraura / CS-1 / 2012-13 dated 22.03.2013 issued by the Executive Engineer, Water Resources Division, Karimganj. IM to embankment along B/B of River Longai from Patherkandi to Nilambazar Ph-1. L / B of River Longai for 2012-13 (Breach closing work at Muraura). Approximate value - Rs. 1,11,150.00.

(d) KXJ / T-10 / WO / Anipur / 2014-15 / 2 dated 22.05.2014 issued by the Executive Engineer, Water Resources Division, Karimganj.

Page No.# 4/7

Strengthening & widening of embankment from Anipur to Mookamcherra covering both bank of river Shingla under Ratabari L.A.C. (Under C.M. Special Package) Approximate Value Rs. 2,82,509.00.

(e) KXJ / T-10 / WO / Anipur / 2014-15 / 1 dated 12.10.2014 issued by the Executive Engineer, Water Resources Division, Karimganj. Strengthening & widening of embankment from Anipur to Mookamcherra covering both bank of river Shingla under Ratabari L.A.C. (Under C.M. Special Package) Approximate Value Rs. 3,35,938.00.

(f) KXJ / T-10 / WO / SDRF-Shingla / 2017-18 / 5 dated 09.08.2019 issued by the Executive Engineer, Water Resources Division, Karimganj. IM to protecting the area from Phanairbond to Dullavpur from flooding of River.

3. It is pertinent to mention that the actual approximate value of the aforesaid work orders is:-

(a) Rs. 69,224.00 + (b) Rs. 60,338.00 + (c) Rs. 99,866.00 + (d) Rs.

10,79,954.00 + (e) Rs. 10,36,451.00 + (f) Rs. 8,16,250.00 = Total bill amount of Rs. 31,62,083.00.

4. It is further stated that the petitioner completed the aforesaid works within the stipulated time to the full satisfaction of all concerned and even though the bills were duly admitted by the respondent authorities, however, the said amount has not been disbursed to the petitioner till date.

Page No.# 5/7

5. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter diligently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.31,62,083/- due to the petitioner for which the petitioner is facing hardship. The learned counsel for the petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioner. Hence, the petitioner has approached this Court by filing the instant writ petition.

6. This Court has heard the learned counsels for the parties and perused the affidavit-in-opposition filed by the respondent No.6. From a perusal of the said affidavit-in-opposition, it is seen that the Respondent Authorities have admitted their liability of an amount of Rs.31,62,084/-. The details can be seen in paragraph Nos.5, 6 & 8 of the said affidavit-in-opposition which being relevant is reproduced herein under:-

"5. That, the deponent begs to state that the petitioner is a registered

contractor under the Water Resources Department, Government of Assam and has been allotted different work orders as mentioned below:-

SL NAME OF SCHEME WORK ORDER NO. BILL VALUE NO.

M & R to embankment along B/B of river Longai CEWR(C&H)/TB/M&R/WO/K/2012-

1. Rs.69,224/-

Patherkandi to Nilambazar 13/36-A, Dated 28/12/2013 Ph-1 (L/B) river Longai.

M & R to protect the area from Paninbond to Kxj/T-10/WO/M&R/Div/2012-13/15,

2. Dullavpur for flood of Rs.60,338/-

Dated 05/01/2013 River Shingla for closing work LM to embankment along B/B of River Longai from

3. Kxj/T-10/WO/Muraura/CS/1/201 Rs.99,867/-

Patherkandi to Nilambazar 2012-13.

Page No.# 6/7

SL NAME OF SCHEME WORK ORDER NO. BILL VALUE NO.

Work Order/File Ref. and Date2- S. No. Description of Work 13/08, Dated 22/03/2013

4. Strengthening and Rs.10,79,954/-

widening of embankment KXJ/T-10/WO/Anipur/2014-15/2, Anipur to Mukamcherra Dated 22/05/2013 covering B/B of River Shingla under Ratabari

5. Strengthening and Rs. 10,36,451/-

widening of embankment KXJ/T-10/WO/Anipur/2014-15/1, Anipur to Mukamcherra Dated 12/10/2015 covering B/B of River Shingla under Ratabari

6. LM to protecting the area Rs. 8,16,250/-

from Panibond to KXJ/T-10/WO/SDRF/Shingla/2017- Dullavpur from flooding of 18/5, Dated 09/08/2019 River Shingla under SDRF for 2017-18.

Total Rs. 31,62,084/-

6. That the deponent begs to state that after completion of the works the bills has been prepared by the department and the same is awaiting for payment after receiving of fund from the Higher Authorities under the head of the account. The deponent denies the statement that the payment to the contractor has not been made arbitrarily by the department, rather all the best efforts has been made from the end of the deponent for release of fund from Government.

8. That the deponent begs to state that the amount payable to the petitioner for the work allotted to him, was Rs.31,62,084/- (thirty One Lakh Sixty Two Thousand Eighty Four) only which is lying in the office of the deponents awaiting for receipt of fund from the Government."

7. Upon perusal of the materials on record, and more particularly the paragraphs quoted herein above, it would be seen that the respondents therefore admit that the petitioner is entitled to the amount of Rs.31,62,084/-. Accordingly, the writ petition is disposed of with the Page No.# 7/7

following observations and directions:-

i) The petitioner is entitled to the amount of Rs.31,62,084/- as admitted by the Respondents.

ii) The said amount of Rs.31,62,084/- be paid to the petitioner after making such statutory deductions, if so required within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the respondent No.4, i.e. the Additional Chief Engineer, Cachar & Hills Water Resources, Silchar.

(iii) Any amount so paid during the pendency of the present writ petition towards the dues of the petitioner shall be set off while making payment to the petitioner.

JUDGE

Comparing Assistant