Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 3 Ors on 31 October, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010237092022
2025:GAU-AS:14741
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7489/2022
JHANTU GHOSH
S/O- LT. SURENDRA NATH GHOSH, R/O- KOKRAJHAR, WARD NO.9,
THANAPARA, P.O. AND P.S. KOKRAJHAR, DIST.- KOKRAJHAR, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY COMM. AND SECY. TO THE GOVT. OF ASSAM, WATER RESOURCE
DEPTT., DISPUR, GHY-6
2:THE ADDL. CHIEF ENGINEER
KOKRAJHAR ZONE
W.R.DEPTT.
B.T.C.
KOKRAJHAR
3:THE EXECUTIVE ENGINEER
KOKRAJHAR W.R. DIVISION
KOKRAJHAR
ASSAM
4:THE ASSTT. EXECUTIVE ENGINEER
KOKRAJHAR/GOSSAIGAON W.R. SUB-DIVISION
KOKRAJHAR
ASSA
For the Petitioner(s) : Ms. A. Talukdar, Advocate
For the Respondent(s) : Ms. B. Bhuyan, SC, BTC
Page No.# 2/4
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 31.10.2025
The case of the Petitioner herein is that the Petitioner is aggrieved by
the inaction on the part of the Respondent Authorities in not making
payment of the outstanding amount to which the Petitioner is entitled to
upon completion of the work allotted to him.
2. The Petitioner herein is a registered contractor and has executed
various contractual works awarded to him by different Government
Departments of the State of Assam. It is the case of the Petitioner that a
work order bearing No. KWRD/W/3/M&R/2019-20/237 dated 12.02.2020
was issued by the Executive Engineer, Kokrajhar W.R. Division, Kokrajhar,
for the work "M&R to protect village Taktara from the erosion of river
Saralbhanga (Construction of ring bundh) for the year 2019-2020" in
favour of the Petitioner. In the said work order, the tender value was
quoted as Rs.17,90,022/-. It has also been mentioned in the said work
order that a verbal work order had been issued to the Petitioner on
08.07.2019 by the said Executive Engineer.
3. It is the case of the Petitioner that the Petitioner had successfully
executed the work and accordingly submitted bills for an amount of
Rs.17,89,984/-. However, out of the total bill amount, the Respondent
Authorities on 27.03.2020 have paid only an amount of Rs.9,89,984/- to
the Petitioner, leaving a balance of Rs.8,00,000/- unpaid till date. The
learned counsel for the Petitioner submitted that the Petitioner has
Page No.# 3/4
submitted various representations before the Respondent Authorities for
release of the remaining amount however the said amount of
Rs.8,00,000/- is still pending, for which the Petitioner has approached
this Court under Article 226 of the Constitution.
4. Ms. B. Bhuyan, the learned Standing counsel appearing on behalf of
the Bodoland Territorial Council submits that as to whether the Petitioner
has completed the work in terms with the work order in question 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 the 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 in accordance with the work order mentioned
hereinabove and thereupon to ascertain the exact amount to which the
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. 2, 3 and 4 to verify the entitlement of
the Petitioner on the basis of the work order which was issued in favour
of the Petitioner and as to whether the Petitioner has 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
Page No.# 4/4
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
