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Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 8 Ors on 20 March, 2026
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/5
GAHC010120102025
2026:GAU-AS:4094
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3169/2025
SRI BADAN KALITA
S/O LATE KESHAB RAM KALITA, R/O HOUSE NO. 676-A,MANGLU MIKIR
PATH, UPPER HENGRABARI, P.O. HENGRABARI, P.S. DISPUR, DIST.
KAMRUP(M), GUWAHATI 781036, ASSAM.
VERSUS
THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR,
GUWAHATI 06, DIST. KAMRUP(M0, ASSAM.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT
OF ASSAM
FINANCE DEPARTMENT
GROUND FLOOR
F BLOCK
JANATA BHAWAN
DISPUR
GUWAHATI-06
DISTRICT- KAMRUP (M)
ASSAM
3:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
TRANSPORT DEPARTMENT
DISPUR
GUWAHATI-06
DISTRICT- KAMRUP (M)
ASSAM
4:THE JOINT SECRETARY TO THE GOVT OF ASSAM
TRANSPORT DEPARTMENT
DISPUR
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GUWAHATI-06 DISTRICT- KAMRUP (M)
ASSAM
5:THE DIRECTOR
INLAND WATER TRANSPORT
ASSAM
ULUBARI
GUWAHATI-781007
6:THE JOINT DIRECTOR
INLAND WATER TRANSPORT
ASSAM
ULUBARI
GUWAHATI-781007
7:THE EXECUTIVE ENGINEER
INLAND WATER TRANSPORT DIVISION
ASSAM
ULUBARI
GUWAHATI-781007
8:THE ASSISTANT EXECUTIVE ENGINEER
INLAND WATER TRANSPORT DIVISION
ASSAM
ULUBARI
GUWAHATI-781007
9:THE JUNIOR ENGINEER
G/K FERRY SERVICE
IWT
ASSAM
GUWAHATI
Advocate for the Petitioner : MR. A DEKA,
Advocate for the Respondent : GA, ASSAM, SC, IWT,SC, FINANCE DEPTT.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 20.03.2026
Heard Mr. A. Deka, learned counsel for the petitioner; Ms. U. Das, learned Additional
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Senior Government Advocate for the respondent no. 1; Mr. B. Gogoi, learned Standing
Counsel, Finance Department for the respondent no. 2; and Mr. R.B. Goswami, learned
Standing Counsel, Transport Department for the respondent nos. 3 to 9.
2. The case projected by the petitioner in this writ petition, in brief, is that the petitioner
is a registered Class-I [B] Contractor under the Department of Inland Water Transport,
Assam. On participation in tender processes, the petitioner was awarded three
Contract-Works, viz. [i] 'Renovation/Modification work along with minor overhauling of
both side engines of old IWT vessels S.B. Boginodi [Assam-437] of Guwahati-
Umananda river cruise service under 14-Minor works of SOPD-G, for the Financial
Year : 2023-24 ['the Contract-Work no. 1', for short]; [ii] 'Painting works of vessel SB
Naharbil of G/K ferry service in connection with VVIP Programme' ['the Contract-Work
no. 2', for short]; and [iii] 'Painting works of vessel SB Kadam of G/K ferry service in
connection with VVIP Programme' ['the Contract-Work no. 3', for short]. The petitioner
has claimed that on receipt of the Work Orders for the three Contract-Works, he had
duly executed all the Contract-Works and submitted final bills for a total amount of Rs.
21,44,516/-. The petitioner has stated that out of the total bill amount of Rs.
21,44,516/-, the petitioner was paid Rs. 9,59,766/- till the institution of the writ
petition, thereby, leaving an amount of Rs. 11,84,750/- as outstanding till date.
Seeking a direction to release the outstanding amount, the writ petition has been filed.
3. The respondent no. 5 has filed an affidavit-in-opposition. In the affidavit-in-opposition,
the respondent no. 5 has stated that the Contract-Work no. 1 was found to be duly
executed by the petitioner and against the said Contract-Work, a final bill amounting to
Rs. 21,44,516/- was received. It is stated that payment to the extent of Rs. 9,59,766/-
has already been made and the outstanding amount, as on date, is Rs. 11,84,750/-. As
regards the other two Contract-Works, the respondent no. 5 has stated, on the basis of
office records, that the petitioner had executed the two Contract-Works and thereafter,
submitted final bills amounting to Rs. 64,016/- and Rs. 59,635/-, that is, Rs. 1,23,651/-
in total. It is further stated that upon receipt of financial sanction from the Government
on 07.03.2025, a ceiling proposal was submitted to the Government during the
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Financial Year : 2024-2025 for release of the amount of Rs. 11,84,750/- duly admitted
by the respondent no. 5 against the Contract-Work no. 1. But, the fund was not
released by the Government. It is further stated that proposals for a total amount of
Rs. 1,23,651/- were also submitted before the Government. But, financial sanction was
not accorded by the Government. As a result, a process for cancellation of the earlier
sanction was initiated by the Directorate. After cancellation of the financial sanction, a
fresh proposal would be submitted by the respondent no. 5 and the ceiling proposal
would be submitted thereafter, for release of the above funds.
4. From the statements made by the respondent no. 5 on the basis of office records, it is
found that liability against the three Contract-Works to the extent of Rs. 13,08,401/-
has been admitted.
5. On a query, Mr. Goswami, learned Standing Counsel, Transport Department has
submitted that it would be possible to release the admitted liability after completing all
the formalities within a period of four months. Mr. Deka, learned counsel for the
petitioner has agreed to the time limit proposed by the learned Standing Counsel,
Transport Department.
6. In view of admission of the liability to the extent of Rs. 13,08,401/- and broad
consensus arrived at by the learned counsel for the parties in the afore-stated manner,
this writ petition is disposed of with a direction to the respondent authorities to
complete the entire exercise including the matters of obtaining approval, sanction and
ceiling, within a period of 4 [four] months from the date of submission of a certified
copy of this order by the petitioner at the Office of the respondent no. 5 so that the
amount of Rs. 13,08,401/- is disbursed in favour of the petitioner within the said
period of four months.
7. This order disposes of the writ petition.
JUDGE
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Comparing Assistant
