Lankeswar Thakuria vs The State Of Assam And 8 Ors
2025 Latest Caselaw 9009 Gua

Gauhati High Court

Lankeswar Thakuria vs The State Of Assam And 8 Ors on 28 November, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/4

GAHC010092422025




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

                         Case No. : WP(C)/2603/2025

         LANKESWAR THAKURIA
         S/O LATE GOBINDA THAKURIA, R/O VILL- BAREIGAON, P.O.- TAMULPUR,
         P.S.- TAMULPUR, DIST- TAMULPUR, BTC, ASSAM, PIN-781367



         VERSUS

         THE STATE OF ASSAM AND 8 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR,
         GUWAHATI-6

         2:THE PRINCIPAL SECRETARY
          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR

         3:THE SECRETARY
         WATER RESOURCES DEPARTMENT
          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR

         4:THE CHIEF ENGINEER
         WATER RESOURCES DEPARTMENT
          DISPUR
          GUWAHATI-3

         5:THE ADDITIONAL CHIEF ENGINEER
          KOKRAJHAR ZONE
         WATER RESOURCES DEPARTMENT
          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR

         6:THE EXECUTIVE ENGINEER
          BAKSA WATER RESOURCE DIVISION
                                                                     Page No.# 2/4

           MUSHALPUR
           DIST- BAKSA

          7:THE EXECUTIVE ENGINEER
          WATER RESOURCES DEPARTMENT
          TAMULPUR
           PIN-781367

          8:THE ASSISTANT EXECUTIVE ENGINEER
          WATER RESOURCES DEPARTMENT
           SUB DIVISION TAMULPUR
          ASSAM

          9:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
           FINANCE DEPARTMENT
           DISPUR
           GUWAHATI-




Advocate for the petitioner(s): Mr. N Sarkar


Advocate for the respondent(s): Mr. NR Sarma, Standing Counsel, BTC
                               Ms. Tinglung for the Water Resource Dept.


                                  BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                    ORDER

28.11.2025

The petitioner is aggrieved by the inaction on the part of the respondent authorities in not making payment of the amount to which the petitioner is entitled to upon completion of the contractual work allotted to him by the respondent authorities.

2. The case of the petitioner herein is that he had completed the work allotted Page No.# 3/4

to him pertaining to Scheme "Protection of Borkhopa Village from the erosion of river Motonga". The petitioner submitted that he started the Scheme allotted to him and on successfully executing 84% of the Scheme submitted a Running Account Bill in the prescribed form i.e. Form No.25 'A' Schedule (III-I) of an amount of Rs.12,55,894/- (Rupees Twelve Lakhs Fifty Five Thousand Eight Hundred and Ninety Four). However, the said payment had not been made to the petitioner till date, for which, the petitioner has approached this Court by way of the instant writ petition.

3. It is the case of the petitioner that the petitioner had successfully completed 84% of the work to the satisfaction of the respondent authorities and in that regard, the Executive Engineer, Baksa W.R. Division Mushalpur had also issued completion report dated 15.03.2021. In spite of the same, the petitioner has not been paid his dues. The learned counsel for the petitioner submitted that the petitioner had made several representations before the respondent authorities for release of the said amount, however, the amount of Rs.12,55,894/- is still pending.

4. Mr. NR Sarma, the learned counsel appearing on behalf of the BTC submits that as to whether the petitioner has completed the work to the extent claimed is a subject matter of verification which needs to be carried out by the respondent authorities and it is only on the basis of such verification, the actual entitlement of the petitioner could be ascertained.

5. Upon hearing the learned counsels for the parties, this Court is of the opinion that interest of justice would be met if a direction is given to the respondent authorities to verify as to whether the petitioner has completed the work to the extent claimed in accordance with the work order mentioned hereinabove and thereupon to ascertain the exact amount to which the Page No.# 4/4

petitioner is entitled to, if any.

6. It is under such circumstances, this Court, therefore, disposes of the instant writ petition thereby directing the respondent authorities, more particularly, the respondent Nos.3, 4 and 9 to verify the entitlement of the petitioner on the basis of the work order which were issued in favour of the petitioner and as to whether the petitioner had completed the work in question and thereupon, after verification, if it is found that the petitioner is entitled to any amount, the same should be paid to the petitioner in terms with the judgment of the 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. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the respondent No.2 and the payment thereupon be made in terms with the judgment rendered in the case of Tamsher Ali (supra).

7. With above observations and directions, the instant writ petition stands disposed of.

JUDGE

Comparing Assistant