Page No.# 1/4 vs State Of Assam And 6 Ors
2025 Latest Caselaw 203 Gua

Gauhati High Court

Page No.# 1/4 vs State Of Assam And 6 Ors on 5 May, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                            Page No.# 1/4

GAHC010250612024




                                                      2025:GAU-AS:5499

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

                         Case No. : WP(C)/6363/2024

         PRAVEEN KUMAR GUPTA
         SON OF RAGHUNATH PRASAD GUPTA,
         RESIDENT OF VILL.- TENGABASTI,
         P.O.- ITAKHOLA, P.S.- SOOTEA,
         DISTRICT- SONITPUR, ASSAM,
         PIN- 784182.



         VERSUS


         STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE CHIEF SECRETARY,
         GOVERNMENT OF ASSAM,
         DISPUR.

         2:THE COMMISSIONER AND SECRETARY
          IRRIGATION DEPARTMENT
          DISPUR
          PO- SACHIVALAYA

         GUWAHATI
         781006.

         3:THE CHIEF ENGINEER
          IRRIGATION DEPARTMENT
          DISPUR
         ASSAM
          P.O.- CHANDMARI

         GUWAHATI
         781003.
                                                                          Page No.# 2/4

            4:THE DEPUTY CHIEF ENGINEER
             IRRIGATION DEPARTMENT
            ASSAM
             PO- CHANDMARI
             GUWAHATI
             781003.

            5:THE EXECUTIVE ENGINEER
             ITAKHOLA DIVISION
             IRRIGATION DEPARTMENT
            ASSAM
             PO- ITAKHOLA
             784182.

            6:THE ASSISTANT EXECUTIVE ENGINEER
             ITAKHOLA DIVISION
             IRRIGATION DEPARTMENT
            ASSAM
             PO- ITAKHOLA
             PIN- 784182.

            7:THE COMMISSIONER AND SECRETARY
             FINANCE DEPARTMENT
             GOVERNMENT OF ASSAM
             DISPUR
             GUWAHATI- 781006


Advocate for the Petitioner   : MR. K SARMA, MR. S BORUAH

Advocate for the Respondent : GA, ASSAM, SC, FINANCE DEPTT.,SC, IRRIGATION




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                         ORDER

05.05.2025

Heard Mr. K. Sarma, learned counsel for the petitioner, who submits that the petitioner's contractual dues amounting to Rs.1,87,948/-, in respect of the allotted contractual work for construction of WC/FC and appurtenant structures at CH.435M (L/S) of D3 canal under CAD works to cover an area 13444 Ha. of Page No.# 3/4

canal D1, D2 & D3 under Bordikrai Irrigation Scheme (Ph-V) under CADWM programme for the year 2016-17, has not been paid. He submits that the total contract amount was Rs.4,76,000/- and the balance amount payable to the petitioner is Rs.1,87,948/-.

2. Mr. N. Upadhyaya, the learned counsel for the Irrigation Department submits that the petitioner has already received Rs.2,88,052/- out of the total bill value of Rs.4,71,482/- and the petitioner is to receive Rs.1,83,430/-and not Rs.1,87,948/-. Mr. Upadhyaya also submits that the para wise comments received by him has been issued by the Executive Engineer, Sootea Division (Irrigation), Sootea (Jamugurihat).

3. I have heard the learned counsels for the parties.

4. The para wise comments issued by the Executive Engineer, Sootea Division (Irrigation), Sootea (Jamugurihat) is made a part of the record and marked as Annexure-X.

5. As the respondents have admitted that the petitioner is liable to be paid Rs.1,83,430/-, as per the para wise comments made by the Executive Engineer, Sootea Division (Irrigation), Sootea (Jamugurihat), this Court is of the view that a re-verification of the claim made by the petitioner, should be done by the Chief Engineer (respondent No.3), in terms of the judgment of the Full Bench of this Court in the case of Tamsher Ali and Etc. Etc Vs. State of Assam and Ors , reported in 2008 (4) GLT 1. Accordingly, the respondent No.3 shall re- verify the claim of the petitioner and pay the admitted amount to the petitioner, within a period of 3(three) months from the date of receipt of a certified copy of Page No.# 4/4

this order.

6. The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant