Page No.# 1/5 vs The State Of Assam
2025 Latest Caselaw 1416 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam on 23 July, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                     Page No.# 1/5

GAHC010121932025




                                                              2025:GAU-AS:9464

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

                         Case No. : WP(C)/3191/2025

          MEHBUB AHMED LASKAR
          S/O. LATE ALI AMZAD LASKAR,
          R/O. VILL. AND P.O. CHANDPUR (W), P.S. AND DIST. HAILAKANDI, ASSAM-
          788152.



          VERSUS

          THE STATE OF ASSAM
          TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
          GOVT. OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR, GUWAHATI-
          6.

          2:THE CHIEF ENGINEER
          WATER RESOURCE DEPARTMENT
           CHANDMARI
           GUWAHATI
          ASSAM.

          3:THE ADDITIONAL CHIEF ENGINEER
           CACHAR AND HILLS
          WATER RESOURCES DEPARTMENT
           SILCHAR.

          4:THE EXECUTIVE ENGINEER
           HAILAKANDI WATER RESOURCE DIVISION
           DISTRICT HAILAKANDI
          ASSAM

For the petitioners      : Mr. M. H. Laskar, Advocate
For the respondents     : Mr. C. Sarma, SC
                          Water Resources Deptt.
                                                           Page No.# 2/5


                           BEFORE
     HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                  Date of Hearing      : 23.07.2025

                  Date of Judgment      : 23.07.2025
                 JUDGMENT AND ORDER (ORAL)

Heard Mr. M. H. Laskar, the learned counsel appearing on behalf of the petitioner and Mr. C. Sarma, the learned Standing Counsel who appears on behalf of the Water Resources Department.

2. The instant writ petition is filed by the petitioner challenging the non-payment of the contractual bill for the work awarded to him vide the work order dated 31.10.2020 for the value of Rs.1,72,19,698.75 for execution of the work "Anti-erosion measures to protect Sahabad Rongpur village area from the erosion of river Katakhal on its L/B Ph-II (Under CM Special Package)".

3. The case of the petitioner herein is that pursuant to the work order dated 31.10.2020, the petitioner had completed the said work as per the plan and estimate in the year 2022. It is stated that during the execution of the work, the petitioner received an amount of Rs.42,56,900/- only out of total bill Page No.# 3/5

amount of Rs.1,72,04,828/-, and accordingly, an amount of Rs.1,29,47,928/- remained as contractual dues and the same has not been disbursed to him till date. Being aggrieved, the petitioner has approached this Court by filing the instant writ petition.

4. Mr. C. Sarma, the learned Standing Counsel appearing on behalf of the Water Resources Department submitted an instruction issued by the Executive Engineer, Hailakandi Water Resource Division wherein it has been duly admitted that the petitioner is entitled to an amount of Rs.1,29,47,928/-. It has also been admitted that earlier an amount of Rs.42,56,900/- was already paid to the petitioner, and thereafter, the remaining entitlement of the petitioner is Rs.1,29,47,928/-. Further to that, it has also been stated that after due verification on the basis of the materials, administrative approval which was taken had expired on 07.02.2023, and in that regard, a proposal for revalidation of the scheme has been submitted to the concerned authorities and upon receiving, the demand for payment could be submitted to the concerned authorities.

5. It further appears that the said instructions as well as the para-wise comments have been forwarded to the learned Standing Counsel of the Water Resources Department by the Assistant Chief Engineer, Water Resources Department. The Page No.# 4/5

same is kept on record collectively and marked with the letter "X".

6. This Court therefore enquired with Mr. C. Sarma, the learned Standing Counsel appearing on behalf of the Water Resources Department as to how much time would be required for making the said payment as the amount to which the petitioner has claimed is duly admitted. The learned Standing Counsel, Water Resources Department submitted that there are certain formalities relating to revalidation of the scheme which would take some time.

7. Taking into account the materials on record as well as the documents which are kept on record and marked with the letter "X", this Court disposes of the instant writ petition with the following observations and directions:-

(i) The petitioner admittedly is entitled to an amount of Rs.1,29,47,928/-.

(ii) The Respondent Authorities, more particularly, the respondent Nos.2, 3 & 4 are directed to do the needful and thereupon make payment to the petitioner of the amount of Rs.1,29,47,928/-.

(iii) This Court directs that the said exercise be completed by the respondent Nos.2, 3 & 4 within 6 months from the Page No.# 5/5

date a certified copy of the instant order is served upon the respondent No.2.

JUDGE

Comparing Assistant