Citation : 2026 Latest Caselaw 1764 Gua
Judgement Date : 27 February, 2026
Page No.# 1/3
GAHC010238932025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/164/2026
SALAM MIA
S/O LATE ABDUL HOQUE, R/O VILL- KABARIBOND, P.O.- PATHERKANDI,
DIST- SRIBHUMI, ASSAM, PIN-788724
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE SPECIAL CHIEF SECRETARY TO THE GOVT OF
ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR,
GUWAHATI-6
2:THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING
ASSAM
HENGRABARI
GUWAHATI-36
3:THE EXECUTIVE ENGINEER (PHE)
SRIBHUMI DIVISION
SRIBHUMI
ASSAM
PIN-788712
4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
JANATA BHAWAN
DISPUR
GUWAHATI-
Advocate for the Petitioner : MR. N HAQUE, MR. A K AZAD,MR K UDDIN
Advocate for the Respondent : SC, P H E, SC, FINANCE
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 27.02.2026
Heard Mr. K. Uddin, learned counsel for the petitioner; Ms. M. Kalita, learned Standing Counsel, PHE Department in the respondent nos. 1, 2 & 3; and Mr. M. Bhuyan, learned counsel on behalf of Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no. 4.
2. The case of the petitioner is that he had executed works as a Contractor on behalf of the respondent PHE Department authorities and after successfully executing the contract-works, he submitted bills for a total amount of Rs. 2,98,160/-. On 19.01.2026, the petitioner was asked to submit a statement of admission of liability from the Head of the Department. Mr. Uddin, learned counsel for the petitioner has submitted that already an application has been filed before the concerned authority seeking disbursement with regard to his claim for Rs. 2,98,160/- and the response is awaited.
3. As the petitioner's claim is with regard to execution of the contract-works to the extent of Rs. 2,98,160/-, let notice be issued. The notice is made returnable on 30.03.2026.
4. As Ms. Kalita, learned Standing Counsel, PHE Department has appeared and accepted notice on behalf of respondent nos. 1, 2 & 3 and Mr. Bhuyan, learned counsel has appeared and accepted notice on behalf of respondent no.
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4, issuance of formal notices to the said respondents are dispensed with. However, extra copies of the writ petition along with annexures are to be furnished to Ms. Kalita and Mr. Bhuyan within 2 [two] working days from today.
5. The question of maintainability of the writ petition is kept open for consideration at an appropriate stage.
JUDGE
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