Page No.# 1/5 GAHC010056332025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/173/2025 MANJUR ALAM S/O- LATE TAMIZUDDIN AHMED, R/O- SIJUBARI, BISHNUJYOTI PATH, H/NO. 25, P/O. AND P/S. HATIGAON, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM AND 7 ORS. REP BY THE CHIEF SECY TO THE GOVT OF ASSAM, DISPUR, GUWAHATI- 06 2:THE SECRETARY TO THE GOVT. OF ASSAM. WATER RESOURCES DEPARTMENT DISPUR GUWAHATI-06. 3:THE SECRETARY TO THE GOVT. OF ASSAM. FINANCE DEPARTMENT DISPUR GUWAHATI-06. 4:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT GOVT. OF ASSAM BASISTHA GUWAHATI-29 5:THE ADITIONAL CHIEF ENGINEER LOWER ASSAM ZONE WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-03. Page No.# 2/5 6:THE SUPERINTENDING ENGINEER NOTHERN ASSAM WATER RESOURCES CIRCLE WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-03. 7:THE EXECUTIVE ENGINEER DHUBRI WATER RESOURCES DIVISION DHUBRI ASSAM. 8:THE DISTRICT COMMISSIONER BONGAIGAON DIST. BONGAIGAON ASSAM Advocate for the Petitioner : MR S HOQUE, Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC. WATER RESOURCE DEPTT. Linked Case : WP(C)/1811/2023 MD. MANJUR ALAM S/O- LATE TAMIZUDDIN AHMED R/O- SIJUBARI BISHNUJYOTI PATH HOUSE NO. 25 P.O. AND P.S.- HATIGAON DISTRICT- KAMRUP(M) ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-06. Page No.# 3/5 2:THE SECRETARY TO THE GOVT. OF ASSAM WATER RESOURCES DEPARTMENT DISPUR GUWAHATI-06. 3:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06. 4:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT GOVT. OF ASSAM BASISTHA GUWAHATI-29. 5:THE ADDITIONAL CHIEF ENGINEER LOWER ASSAM ZONE WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-03. 6:THE SUPERINTENDING ENGINEER NORTHERN ASSAM WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-03. 7:THE EXECUTIVE ENGINEER DUBRI WATER RESOURCES DIVISION DHUBRI ASSAM. 8:THE DISTRICT COMMISSIONER BONGAIGAON DIST.-BONGAIGAON ASSAM ------------ For petitioner/applicant(s) : Mr. S. Hoque, Advocate For respondent(s) : Ms. R. Deka, SC, Water Resources Deptt. Mr. S. Baruah, Advocate Mr. A. Chaliha, Advocate Page No.# 4/5 – BEFORE – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MRs. JUSTICE ARUN DEV CHOUDHURY 18.08.2025 (Ashutosh Kumar, CJ) The appellant, a contractor, was entrusted with several construction works under Water Resources Department, Dhubri Water Resources Division, on the embankment of Boraguri-Lengtisinga at Dumerguri of Aie river for the year 2009-2010. The appellant appears to have completed his works and was partially paid for it as well. However, a balance amount of Rs. 15,88,499/- has not yet been paid to him. The appellant therefore approached the learned Single Judge for a direction to the respondents to make such payment along with interest @ 18% per annum, as the payment appears to have been withheld without any lawful reason. The learned Single Judge, however, relying on the affidavit filed by the respondent No. 8 indicating that an amount o Rs. 6,98,62,000/- was received from the Revenue and Disaster Management Department, which was released in favour of the then Executive Engineer, Dhubri Water Resources Division to facilitate payment to all contractors, found that the claim of the appellant was not tenable. We fail to understand as to how the release of the funds would extinguish the claim of the appellant unless it is shown that the bills have not been correctly raised by the appellant, or the works have not been done satisfactorily. The Chief Engineer, Water Resources Department, Assam, has gone on record saying that the works allotted to the appellant have been satisfactorily completed and that the bills raised by the appellant are not incorrect or false. In that view of the matter, we are not in agreement with the opinion of Page No.# 5/5 the learned Single Judge that the balance payment of the appellant, as raised by him, ought not to be defrayed by the State. However, before directing the respondents to make good the payment, we would like to have a clear affidavit in this regard by the Executive Engineer, Dhubri Water Resources Division, by the next date. Re-notify on 15.09.2025. JUDGE CHIEF JUSTICE Comparing Assistant