Page No.# 1/3 GAHC010069882025 2025:GAU-AS:4837 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1876/2025 BADRUL ISLAM S/O ABDUL JALIL, RESIDENT OF VILLAGE- WEST LAKHIPUR, P.O. JURBARI, P.S.- PATHERKANDI, DISTRICT- SRIBHUMI, ASSAM 788724. VERSUS THE STATE OF ASSAM AND ORS TO BE REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI 06 2:THE CHIEF ENGINEER MINOR IRRIGATION ASSAM CHANDMARI GUWAHATI 3 3:THE SUPERINTENDING ENGINEER CACHAR CIRCLE IRRIGATION SILCHAAR CACHAR ASSAM 4:THE EXECUTIVE ENGINEER KARIMGANJ DIVISION IRRIGATION SRIBHUMI ASSAM 5:THE ACCOUNT OFFICER KARIMGANJ DIVISION IRRIGATION SRIBHUMI ASSA Advocate for the Petitioner : MR. D HUSSAIN, MR. R A CHOUDHURY,MR. R A MAZUMDER,TARIQUE AZIZ Advocate for the Respondent : SC, IRRIGATION, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 23.04.2025 Heard Mr. D. Hussain, learned counsel for the petitioner. Also heard Mr. N. Upadhaya, learned Standing Counsel, Irrigation Department, for all the respondents. 2. By a Communication dated 17.01.2020, the petitioner was given a preliminary Work Order for M&R works of Nurulcherra FIS for the year 2018- 2019 (Construction/Repair of Brick Canal) for an amount of Rs.3,74,300/- issued by the Executive Engineer, Karimganj Division (Irrigation) Karimganj. The petitioner accordingly, completed the work and the Executive Engineer, Karimganj Division (Irrigation) Karimganj, issued a list of Bill and Bill amount under M&R during the year 2018-2019, which was also countersigned by the Accounts Officer, Karimganj Division (Irrigation) Karimganj. In the said list, the name of the petitioner appear at Serial No. 1 and the bill amount due to the petitioner is indicated as Rs. 3, 67,405/-. However, as the said amount was not paid to the petitioner, an Advocate Notice under Section 80 CPC dated 02.02.2023 was served on the Executive Engineer, Irrigation Department, Ratabari - Patharkandi Division, Karimganj. Thereafter, the Executive Engineer, Ratabari – Patharkandi Division, (Irrigation), Patharkandi by a Communication dated 21.12.2024 addressed to the Chief Engineer, Irrigation Department, Assam, forwarded the claims of the contractors for release of their payments. In the said list, the name of the petitioner appear at Serial No. 1 with a claim amount of Rs.3,67,405/-. However, as the petitioner has not been paid the said amount, he made a representation dated 27.11.2024 before the Chief Engineer, Page No.# 3/3 Irrigation, Assam, for release of the outstanding amount due to him. By another representation dated 29.11.2024 addressed to the Executive Engineer, Karimganj Division (Irrigation), Karimganj, the petitioner requested for early release of the amount of Rs.3,67,405/-. However, as till date no payment has been made, the petitioner is before this Court by way of the present writ petition. 3. Considering the Communication dated 21.12.2024, written by the Executive Engineer, Ratabari – Patharkandi (Irrigation) Patharkandi and addressed to the Chief Engineer, Irrigation, Assam/respondent No. 2, this Court is of the considered opinion that the claim made by the petitioner appears to be an admitted amount. 4. Accordingly, the writ petition is disposed of directing the respondent No. 2, to have a verification with regard to the claim made by the petitioner for the outstanding due of Rs.3,67,405/- and thereafter, if the claim made by the petitioner is found to be an admitted amount, the same shall be paid to the petitioner. Let the whole exercise as directed hereinabove be done and completed within a period of 4 (four) months from the date of receipt of a certified copy of this Court’s Order. 5. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant