Sushil Kumar Saha @ Shusil Saha vs Dr Rovi Kota And 8 Ors
2025 Latest Caselaw 8384 Gua

Gauhati High Court

Sushil Kumar Saha @ Shusil Saha vs Dr Rovi Kota And 8 Ors on 7 November, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                Page No.# 1/4

GAHC010224652025




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

                       Case No. : Cont.Cas(C)/551/2025

         SUSHIL KUMAR SAHA @ SHUSIL SAHA
         SON OF LATE SURHYA SAHA, RESIDENT OF VILLAGE TANGNIBAZAR, P.O-
         DHULA, DISTRICT- DARRANG, ASSAM, PIN-784146



         VERSUS

         DR ROVI KOTA AND 8 ORS.
         CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, ASSAM
         SECRETARIAT, DISPUR, GUWAHATI-6

         2:SYEDAIN ABBASI
          SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
         ASSAM SECRETARIAT
          DISPUR
         ASSAM

         3:KAILASH KARTHIK N
          SECRETARY TO THE GOVT. OF ASSAM
          PUBLIC HEALTH ENGINEERING DEPARTMENT
         ASSAM AND MISSION DIRECTOR
          JAL JEVAN MISSION
         ASSAM SECRETARIAT
          DISPUR
          GUWAHATI
         ASSAM-781006

         4:JAYANT NARLIKAR
          COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
          FINANCE DEPARTMENT
         ASSAM SECRETARIAT
          DISPUR
          GUWAHATI-06
                                                                   Page No.# 2/4


            5:ASHOK KUMAR DEV CHOUDHURY
             CHIEF ENGINEER (WATER)
             PUBLIC HEALTH ENGINEERING DEPARTMENT
            ASSAM AND ADDL. MISSION DIRECTOR (TECHNICAL)
             JAL JEEVAN MISSION
            ASSAM
             HANGRABARI
             GUWAHATI-06

            6:AKASH DEEP
             IAS
             PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL
             BODOFA NAGAR
             KOKRAJHAR
            ASSAM-783370

            7:JATIN BORA
             SECRETARY
             FINANCE
             BODOLAND TERRITORIAL COUNCIL
             KOKRAJHAR
            ASSAM-783370

            8:SANTA BASUMATARY
             SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL
             BODOFA NAGAR
             KOKRAJHAR
            ASSAM-783370

            9:PULAK BASUMATARY
             ASST. EXECUTIVE ENGINEER (PHE) IN- CHARGE EXECUTIVE ENGINEER
            (PHE)
             BAKSA DIVISION
             MUSHALPUR
             BTC
             ASSA

For the Petitioner(s)   : Mr. M. Saikia, Advocate

For the Respondent(s)   : Ms. B. Bhuyan, SC, BTC
                        : Ms. J. Saikia, Advocate
                                                                       Page No.# 3/4

                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 07.11.2025

The instant application has been filed alleging wilful and deliberate violation to the order passed by this Court dated 03.03.2025 in WP(C) No.7999/2022 whereby the learned Coordinate Bench of this Court had directed the Respondent Authorities to pay the amount of Rs.26,19,218/- within 5 (five) months from the date of receipt of the certified copy of the order by following the judgment of the learned Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and Others reported in 2008 (4) GLT 1.

2. It is very pertinent to take note of that in terms with the judgment of the learned Full Bench of this Court in Tamsher Ali (supra), the direction so passed therein is that after carrying out necessary verification and finding that the particular contractor is entitled to any amount, the name of the contractor would be put in a chronological list and on the basis thereof, the payment would be made.

3. Under such circumstances, this Court has requested Ms. J. Saikia, the learned Standing counsel of the BTC to apprise this Court as to whether the mandate of the Full Bench of this Court in Tamsher Ali (supra) have been adhered to in terms with the directions passed by this

Court on 03.03.2025.

4. A copy of the instant application be furnished to Ms. J. Saikia, the learned Standing counsel of the BTC so that she is in a position to obtain instruction(s) as to whether the mandate of the learned Full Bench of this Page No.# 4/4

Court in the case of Tamsher Ali (supra) have been adhered to.

5. The name of Ms. J. Saikia, the learned Standing counsel of the BTC be shown in the Cause List.

6. List this matter again on 24.11.2025 for an update.

JUDGE

Comparing Assistant