Page No.# 1/5 GAHC010069362025 2025:GAU-AS:11295 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1892/2025 MR BHUBAN BARMAN S/O-LATE MAGO RAM BARMAN,R/O-HOUSE NO-6,GAUTAM NAGAR,SOUTH SARANIA,P.O ULUBARI,P.S-PALTAN BAZAR,GUWAHATI- 7,DIST-KAMRUP (M),ASSAM VERSUS THE STATE OF ASSAM REP. BY THE SECRETARY TO GOVT. OF ASSAM,PUBLIC HEALTH ENGINEERING DEPARTMENT (P.H.E.D),BLOCK-B,ASSAM SACHIVALAYA,DISPUR,GUWAHATI-6 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING (P.H.E) WATER ASSAM HENGRABARI GUWAHATI-36 3:THE SUPERINTENDING ENGINEER (PHE) GUWAHATI CIRCLE P.O-BAMUNIMAIDAM GUWAHATI-21 ASSAM 4:THE EXECUTIVE ENGINEER (PHE) GUWAHATI DIVISION NO-II GUWAHATI-21 ASSAM 5:THE ASSISTANT EXECUTIVE ENGINEER(PHE) WATER WORK SUB DIVISION GUWAHATI DIVISION NO II Page No.# 2/5 GUWAHATI21 ASSAM 6:THE ASSISTANT EXECUTIVE ENGINEER (PHE) DISPUR SUB DIVISION GUWAHATI DIVISION NO II DISPUR GUWAHATI ASSAM 7:THE ACCOUNTS OFFICER (PHE) GUWAHATI DIVISION NO II GUWAHATI 21 ASSAM 8:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT GOVT OF ASSAM ASSAM SACHIVALAYA DISPUR GUWAHATI 9:THE FINANCE COMMISSIONER FINANCE DEPARTMENT GOVT OF ASSAM ASSAM SACHIVALAYA DISPUR GUWAHATI-0 Advocate for the petitioner(s): Mr. S Sarma Advocate for the respondent(s): Mr. B Gogoi, Addl. AG, Assam Mr. I Borthakur B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER Page No.# 3/5 22.08.2025 Heard Mr. S Sarma, learned counsel appearing on behalf of the petitioner. Also heard Mr. I Borthakur, learned Standing Counsel, PHE Department, Govt. of Assam and Mr. B Gogoi, the learned Addl. AG, Assam, who is also the Standing Counsel, Finance Department, Govt. of Assam. 2. The instant writ petition has been filed by the Petitioner challenging the inaction on the part of the Respondent Authorities in releasing the outstanding bill amounting to Rs.4,95,700/- to which the Petitioner is entitled to in respect of 4 Nos. of work orders allotted to him namely 1. Repairing of Initial Electrification at CE (PHE) Office at Hengrabari Health Complex under Dispur WSS; 2. Repairing of Automatic Flushing Cistern, Removing of Drapery Rod, Stop Rock etc. at CPHE office Hengrabari Complex under Dispur WSS; 3. Repairing of Internal Electrification at CE (PHE) Office at H/H/c; 4. Repairing of Initial Electrification of Type-II Quarter No.237 at HHC. 3. The case of the Petitioner herein is that after the work order was issued to him vide the orders dated 11.01.2019, 26.09.2019 and 30.12.2021 by the Executive Engineer (PHE), Guwahati Division No.II, the petitioner had carried out all the 4(four) Nos. of work as mentioned above and completed the same to the satisfaction of the respondent authorities within the stipulated time. Thereafter, the petitioner on completion of the work submitted the contract bill against the work amounting to Rs.4,95,700/-. However till date, the outstanding dues have not been released to the petitioner. 4. The petitioner had made several representations from time to time for release of the aforesaid outstanding dues. It is pertinent to mention that the Page No.# 4/5 petitioner had even engaged an advocate and sent pleaders notice dated 16.09.2024 to all the respondents through registered post to settle the dues within 15(fifteen) days, but the same had not yielded any result. Consequently, finding no other alternatives, the petitioner has approached this Court by way of the instant writ petition. 5. Mr. I Borthakur, the learned counsel appearing on behalf of the PHE Department submitted that there is no denial to the fact that the four work orders in question were issued to the Petitioner. The learned Standing Counsel, however, submitted that the entitlement of the Petitioner would depend upon verification to be carried out by the Respondent Authorities. 6. Upon perusal of the materials on record, this Court is of the opinion that if the Petitioner had completed the above-mentioned works, the Petitioner would be entitled to the amount. However, for the same, verification on the part of the Respondent Authorities would be required. 7. This Court, therefore, disposes of the instant writ petition with the following observations and directions:- i) The Respondent Authorities shall verify as to whether the petitioner had successfully executed the work, i.e. 1. Repairing of Initial Electrification at CE (PHE) Office at Hengrabari Health Complex under Dispur WSS; 2. Repairing of Automatic Flushing Cistern, Removing of Drapery Rod, Stop Rock etc. at CPHE office Hengrabari Complex under Dispur WSS; 3. Repairing of Internal Electrification at CE (PHE) Office at H/H/c; 4. Repairing of Initial Electrification of Type-II Quarter No.237 at HHC. ii) The Respondent Authorities shall also verify as to whether the petitioner had submitted the requisite documents which are required for the Page No.# 5/5 purpose of releasing the outstanding amount as claimed by the petitioner. iii) The Respondent Authorities shall also verify the entitlement of the petitioner to the outstanding dues, and if upon verification in the manner stated above, it is found that the petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the petitioner. iv) The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent No.2, i.e. the Chief Engineer, P.H.E. Water, Assam, Guwahati. JUDGE Comparing Assistant