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2025 DAILYLAW 10229 (GAU)

SALEH AHMED v. THE STATE OF ASSAM AND 4 ORS

WP(C)/1913/2025 · 2025-04-06

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010069922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1913/2025 SALEH AHMED S/O.- ATAUR RAHMAN, RESIDENT OF VILLAGE- KABARIBOND PART- I, P.O. AND P.S.- PATHERKANDI, DISTRICT- SRIBHUMI, ASSAM- 788724. VERSUS THE STATE OF ASSAM AND 4 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-03. 3:THE SUPERINTENDING ENGINEER CACHAR CIRCLE (IRRIGATION) SILCHAR CACHAR ASSAM 4:THE EXECUTIVE ENGINEER KARIMGANJ DIVISION (IRRIGATION) SRIBHUMI ASSAM 5:THE ACCOUNTS OFFICER KARIMGANJ DIVISION (IRRIGATION) SRIBHUMI ASSA Page No.# 2/3 Advocate for the Petitioner : MR. D HUSSAIN, MR. R A CHOUDHURY,MR. R A MAZUMDER,TARIQUE AZIZ Advocate for the Respondent : SC, IRRIGATION, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 07.04 .2025 Heard Mr. R.A. Choudhury, learned counsel for the petitioner. Also heard Mr. N. Upadhyay, learned Standing Counsel, Irrigation. 2. This writ petition has been filed by the petitioner seeking directions from this Court for release of payments in respect of works executed by the petitioner. 3. The Petitioner was awarded “Preliminary Work Order for M&R works of Nurulcherra FIS for the year 2018-19 (Construction/Repair of Gates). 4. The petitioner duly executed all the works allotted and submitted his bills. The bills which were raised remained pending and the amount of Rs. 1,73,496/- (Rupees One Lakh Seventy Three Thousand Four Hundred and Ninety Six) is yet to be released. The petitioner represented before the authority requesting for release of his pending dues but no response was forthcoming from the respondent authority. Under such circumstances, left with no alternative, the petitioner has come before this Court praying for a direction for release of the said amount. 5. Having heard the learned counsel for the parties and upon perusal of the Page No.# 3/3 pleadings on record, it is seen that the bills have been raised and the amount required to be paid is clearly reflected. Details of work executed are also reflected. 6. Under such circumstances, this Court finds it, that the works executed and the claims raised by the petitioner are admitted by the department. Therefore it appears that the claims of the petitioner in respect of dues were kept pending without any justifiable reasons. Accordingly this writ petition is disposed of with a direction to the respondent No. 2, Chief Engineer, Minor Irrigation, Assam Chandmari, Guwahati-03 to look into the grievances of the petitioner. The Chief Engineer will cause necessary verification into the claims of the writ petitioner to be conducted and thereafter, take steps as expeditiously as possible for release of the amount claimed to be pending and required to be paid by the Department. 7. The outstanding dues found if payable after verification will be made to the petitioner will be in terms of the guidelines laid down in Tamsher Ali and Ors Vs. State of Assam and Ors reported in 2008 (4) GLT 1. 8. The entire exercise for verification of the bills is directed to be completed within a period of 60 days from the date of receipt of the certified copy of this order. 9. Accordingly, the writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant