Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 4 Ors on 29 October, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010077672024
2025:GAU-AS:14566
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2106/2024
ARUP GOGOI
S/O- LATE TARANATH GOGOI,
R/O- AJANTA PATH, BYE LANE NO. 1, HOUSE NO. 23,
P.O.- BELTOLA, P.S.- HATIGAON,
DISTRICT- KAMRUP(METRO), ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM,
DEPARTMENT OF AGRICULTURE,
GOVERNMENT OF ASSAM,
DISPUR, GUWAHATI- 781006.
2:THE DIRECTOR OF AGRICULTURE
OFFICE OF THE DIRECTORATE OF AGRICULTURE
ASSAM
KHANAPARA- 781022.
3:THE CHIEF ENGINEER (AGRICULTURE)
KAMRUP
ULUBARI
GUWAHATI- 781007.
4:THE EXECUTIVE ENGINEER (AGRICULTURE)
KAMRUP
ULUBARI
GUWAHATI- 781007.
5:THE DISTRICT AGRICULTURE OFFICER
Page No.# 2/4
KAMRUP
GUWAHATI- 781007
For the petitioner : Mr. D. Baruah, Advocate
For the respondents : Ms. G. Borah, SC, Agriculture
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 29.10.2025
Date of Judgment : 29.10.2025
JUDGMENT AND ORDER (ORAL)
The instant writ petition is filed by the petitioner challenging the
non-payment of the admitted amount of Rs.3,00,000/- for completion of
the work of "Renovation/Construction of ATMA/DAO Office, Kamrup
under APART" to the petitioner by the Respondent Authorities.
2. The case of the petitioner herein is that the petitioner had
completed the work awarded to him vide the work order dated
28.12.2021, i.e. "Renovation/Construction of ATMA/DAO Office,
Kamrup under APART", as per the specifications, terms and conditions,
and approved rate of CPWD Delhi Schedule of Rates, 2021 & CPWD E
& M SOR, 2018 in the District of Kamrup, Guwahati, and he is entitled
to a total amount of Rs.10,00,000/- against the aforesaid work. It is the
case of the petitioner that the Respondent Authorities had paid an
amount of Rs.7,00,000/- out of Rs.10,00,000/- against his bill, but the
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remaining amount of Rs.3,00,000/- has not yet been paid to the
petitioner despite repeated requests. Hence, the writ petition.
3. The learned counsel appearing on behalf of the petitioner submitted
that the petitioner has been pursuing the matter diligently with the
respondents, but the Respondent Authorities have not shown any
interest in making payment of the admitted amount of Rs.3,00,000/- due
to the petitioner, for which the petitioner is facing hardship. The learned
counsel for the petitioner further submitted that the Respondent
Authorities have failed to discharge their duty in accordance with law,
and the same has caused prejudice to the petitioner. Hence, the
petitioner has approached this Court by filing the instant writ petition.
4. Ms. G. Borah, the learned Standing Counsel appearing on behalf of
the Agriculture Department has placed a communication dated
27.10.2025 before this Court admitting that the petitioner is entitled to
the balance amount of Rs.3,00,000/- which is kept on record and
marked with the letter "X".
5. Upon perusal of the materials on record, this Court is of the opinion
that as the respondent duly admits that the petitioner is entitled to the
amount as claimed, appropriate directions are required to be passed for
payment of the said amount.
6. This Court, therefore, disposes of the instant writ petition with the
following observations and directions:
i) The Respondent Authorities shall disburse the amount of
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Rs.3,00,000/- to the petitioner after making such statutory
deductions, if so required, within a period of 6 (six) months from
the date a certified copy of the instant order is served upon the
respondent No.2.
ii) Any amount so paid during the pendency of the present writ
petition towards the dues of the petitioner shall be set off while
making payment to the petitioner.
JUDGE
Comparing Assistant
