Page No.# 1/3 GAHC010083522024 2025:GAU-AS:1222 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2242/2024 DINAMONI HALOI S/O- RAJENDRA NATH HALOI, R/O- VILLAGE AND P.O- BIHAMPUR, P.S- BELSOR, DIST- NALBARI, ASSAM VERSUS THE CHIEF ENGINEER, WATER RESOURCES DEPTT AND 3 ORS GOVT OF ASSAM, CHANDMARI, GUWAHATI-03, KAMRUP (M), ASSAM 2:THE ADDITIONAL CHIEF ENGINEER WATER RESOURCES DEPTT. GOVT OF ASSAM CHANDMARI GUWAHATI-03 KAMRUP (M) ASSAM 3:THE EXECUTIVE ENGINEER BARPETA WATER RESOURCES DIVISION BARPETA ASSAM 4:THE DISTRICT COMMISSIONER CUM CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITY DIST-BARPETA ASSA Advocate for the Petitioner : MS. S CHUTIA, MS. P CHUTIA Page No.# 2/3 Advocate for the Respondent : SC, WATER RESOURCE, GA, ASSAM,G.A ASSAM BEFORE HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R 06.02.2025 Heard Ms. S. Chutia, learned counsel for the petitioner. Also heard Ms. R. Deka, learned Standing Counsel, Water Resources Department for the respondent Nos. 1, 2 & 3 and Mr. S.S Roy, learned Government Advocate, for the respondent No.4. 2. The present writ petition has been filed by the petitioner praying for a direction to the respondents to release the outstanding contractual bill of Rs.3,50,200/- for the works executed by the petitioner to protect the Bahari Satra, Fulbari-Bhogerpar and its adjoining areas from the erosion of river Brahmaputra under Calamity Relief Fund (CRF). 3. The respondent No.1 i.e. the Chief Engineer, Water Resources Department has filed an affidavit and in paragraphs 5, 6 and 7, it is stated as under:- “5. That the deponent begs to state that as per the office records the petitioner was allotted two work under for the scheme "Immediate measures to protect Bahari Satra,Fulbari-Bhogerpar and its adjoining areas from the erosion of river Brahmaputra under C.R.F. for 2007-08" bearing work order numbers BWRD/CS/B-3/2007-08/Pt/08A dated 04/06/2008 and BWRD/CS/B-3/2007- 08/Pt-/84(A) dated 04/07/2008 for bill value amounting to Rs. 1,53,000/- (Rupees One Lakhs Fifty-Three Thousand)only and Rs 1,97,200/- (Rupees One Lakhs Ninty-Seven Thousand Two Hundred) only i.e. in total Rs. 3,50,200/- (Three Lakhs Fifty Thousand Two Hundred)only. 6. That the deponent begs to state that the work in question was executed under the Calamity Relief Fund(C.R.F.) presently known as State Disaster Response Fund (S.D.R.F.) Scheme where the payments to any contractor against execution of work are directly made by the Deputy Commissioner of the concerned District and the Water Resources Department is only the executing Page No.# 3/3 agency. The Waters Resources Department only supervises that the same contractual works allotted to the contractor are completed as per the specifications. 7. That, the deponent further begs to state that after completion of the work, the Water Resources Department duly informed the concerned Deputy Commissioner through letter no. BWRD/Esti/58/Pt-IV/2010/646 dated 04/11/2015, to make the payment regarding the same .The petitioner's name is accordingly mentioned at serial numbers 89 & 91 in the aforementioned letter.” 4. Ms. R.Deka, learned Standing Counsel, Water Resources Department as well as Mr. S.S Roy, learned Government Advocate submit that as the amount claimed by the petitioner is an admitted amount, some time may be permitted to the respondents to clear the bill after making due verification. 5. This Court on consideration of paragraphs 5, 6 and 7 of the affidavit filed by the respondent No.1 is also of the considered opinion that the respondents have admitted the outstanding bill of Rs.3,50,200/- payable to the petitioner. 6. In that view of the matter, this writ petition is disposed of directing the respondent No.4/District Commissioner cum Chairman, District Disaster Management Authority, Barpeta to clear the admitted amount of Rs.3,50,200/- to the petitioner after making due verification within a period of three months from the date of receipt of a certified copy of the order of this Court. 7. With the aforesaid observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant