Ashutosh Chakrabarty vs The State Of Assam And 6 Ors
2025 Latest Caselaw 8441 Gua

Gauhati High Court

Ashutosh Chakrabarty vs The State Of Assam And 6 Ors on 10 November, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                      Page No.# 1/3

GAHC010114072020




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

                          Case No. : WP(C)/3418/2020

         ASHUTOSH CHAKRABARTY
         S/O- LT. DHIRENDRA CHAKRABARTY, R/O- VILL- SELAIMARI, P.O.
         KHOIRABARI, DIST.- UDALGURI, ASSAM, PIN- 784522



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, WATER
         RESOURCE DEPTT., ASSAM, DISPUR, GHY-06

         2:THE CHIEF ENGINEER
         WATER RESOURCE DEPTT.
         ASSAM
          CHANDMARI
          GHY-03

         3:THE ADDL. CHIEF ENGINEER
          KOKRAJHAR ZONE
         WATER RESOURCE DEPTT.
          B.T.C.
          KOKRAJHAR
         ASSAM- 783370

         4:THE EXECUTIVE ENGINEER
          KOKRAJHAR WATER RESOURCE DIVISION
          KOKRAJHAR PATHARGHAT
          P.O. SANTINAGAR
          DIST.- KOKRAJHAR
         ASSAM
          783370

         5:THE SUB-DIVISIONAL OFFICER
                                                                      Page No.# 2/3

             WATER RESOURCE SUB-DIVISION
             TAMULPUR
             BAKSA
             ASSAM- 781367

             6:THE JUNIOR ENGINEER
             WATER RESOURCE SUB-DIVISION
             TAMULPUR
              BAKSA
             ASSAM- 781367

             7:THE BODOLAND TERRITORIAL COUNCIL (BTC)
              REPRESENTED BY ITS PRINCIPAL SECRETARY
              KOKRAJHAR
             ASSAM

For the Petitioner(s)   : Mr. K. Singha, Advocate

For the Respondent(s)   : Ms. B. Bhuyan, SC, BTC
                        : Mr. P. Bhowmick, Advocate
                        : Mr. R. M. Das, SC, Water Resource
                        : Mr. B. Gogoi, Addl. AG, Assam




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 10.11.2025

Ms. B. Bhuyan, the learned Senior counsel who represents the BTC submits that the Respondents in the BTC have not responded to the instruction(s) so sought for by this Court vide the order dated 24.10.2025.

2. Mr. R. M. Das, the learned Standing counsel appearing on behalf of the Chief Engineer, Water Resource Department submits that the Office of the Chief Engineer, Water Resource Department does not have records.

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3. From the stand so taken by the learned counsels for the Respondents, it appears that the order dated 13.06.2017 passed in WP(C) No.5025/2014 still remains to be complied with. Merely stating that the records are not available cannot be a ground to deny the relief(s) to the Petitioner if the Petitioner is otherwise entitled to the amounts as claimed.

4. This Court further takes note of that vide the order dated 24.10.2025, this Court only enquired as to whether the Petitioner was put in terms with the chronological list for payment in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali Vs. State of Assam and Others reported in 2008 (4) GLT 1. Such instruction(s)

have also not been provided. Under such circumstances, this Court fixes this matter again on 01.12.2025.

5. The Chief Engineer, Water Resource Department as well as the Additional Chief Engineer, Kokrajhar Zone, Water Resource Department are directed to bring on record their stand by filing their affidavits on or before 28.11.2025 failing which they shall appear before this Court at 10:30 AM through video conferencing link to be provided by Mr. P. Bhowmick, the learned counsel who assists Ms. B. Bhuyan, the learned Senior counsel appearing on behalf of the BTC and Mr. R. M. Das, the learned Standing counsel appearing on behalf of the Water Resource Department.

JUDGE Comparing Assistant