Page No.# 1/3 GAHC010069892025 2025:GAU-AS:4838 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1880/2025 SWAPAN DAS S/O- DHIRENDRA DAS, RESIDENT OF VILLAGE- KALACHERAA, P.O. AND P.S.-BAZARICHERRA, DISTRICT SRIBHUMI, ASSAM- 788727 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) SILCHAR CACHAR ASSAM 4:THE EXECUTIVE ENGINEER KARIMGANJ DIVISION (IRRIGATION) SRIBHUMI ASSAM 5:THE ACCOUNT OFFICER KARIMGANJ DIVISION (IRRIGATION) SRIBHUMI ASSAM 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. The petitioner was issued a formal Work Order for M&R Works of Sagolmuacherra FIS for the year 2018-2019 (Repair of Gates) amounting to Rs.2,25,500/- by a Communication dated 21.01.2020 issued by the Executive Engineer, Karimganj (Irrigation) Karimganj/respondent No. 4. The petitioner accordingly completed the work and a work completion certificate was issued on 20.03.2021 by the respondent No. 4. 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 NIL 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. 4 with a claim amount of Rs.2,25,494/-. However, as the petitioner has not been paid the said amount, he made a representation dated 27.11.2024 before the Chief Engineer, Irrigation, Assam, for release of the outstanding amount due to him. By another representation dated NIL addressed to the Executive Engineer, Karimganj Division (Irrigation), Karimganj, the petitioner requested for early release of the amount of Rs.2,25,494/-. However, as till date no payment has been made, the petitioner is before this Court by way of the present writ petition. Page No.# 3/3 3. Considering the Communication dated NIL, written by the Executive Engineer, Ratabari – Patharkandi Division (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.2,25,494/- 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