Page No.# 1/6 GAHC010089082022 2025:GAU-AS:12628 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3083/2022 SARFRAZ PARVEEZ S/O NURUL ISLAM, R/O M. AZAD ROAD, AMINPOTTY, WARD NO. 12, NAGOAN, DIST-NAGOAN, ASSAM, PIN-782001 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6 2:THE CHIEF ENGINEER IRRIGATION DEPARTMENT ASSAM GUWAHATI-781003 3:THE SUPERINTENDING ENGINEER IRRIGATION DEPARTMENT NILBAGAN CIRCLE HOJAI NAGAON 4:THE EXECUITVE ENGINEER JAMUANA COMMANDED AREA DEVELOPMENT DIVISION (IRRIGATION) HOJAI NAGAON ASSAM PRESENTLY RENAMED AS JAMUNAMUKH AND HOJAI LUMDING DIVISION 5:THE ASSISTANT EXECUTIVE ENGINEER (TECHNICAL) PUBLIC RELATION OFFICER RTI ACT 2005 Page No.# 2/6 JAMUNAMUKH COMMANDENT AREA DEVELOPMENT DIVISION (IRRIGATION) HOJAI NOGOAN PRESENTLY RENAMED AS JAMUNAMUKH AND HOJAI LUMDING DIVISION 6:THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT) MAIDAMGAON KRISHNAPUR BELTOLA GUWAHATI-781029 ASSA For the Petitioner(s) : Mr. A. Choudhury, Advocate For the Respondent(s) : Mr. P.J. Barman, Standing Counsel Ms. D. S. Neog, Standing Counsel Mr. D. Bhattacharya, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 15.09.2025 Heard Mr. A. Choudhury, the learned counsel appearing on behalf of the petitioner. Mr. P.J. Barman, the learned Standing Counsel appears on behalf of the Chief Minister’s Special Vigilance Cell, Assam; Ms. D.S. Neog, the learned Standing Counsel appears on behalf of the Irrigation Department, Assam and Mr. D. Bhattacharya, the learned Standing Counsel appears on behalf of the Principal Accountant General (Audit), Assam. Page No.# 3/6 2. The petitioner herein is aggrieved by the non-payment of an amount of Rs. 40,28,443/- which the petitioner claims on the basis of 2 (two) works being completed by him, the work orders of which are enclosed as Annexure-B and Annexure-C to the writ petition. It is relevant to take note of that this Court had issued notice on 13.05.2022 and in pursuance thereto, an affidavit-in-opposition has been filed by the respondent No. 2, wherein the said amount has been duly admitted. Paragraph No. 4 of the said affidavit, being relevant, is reproduced herein under: “4. That, with regards the statements made in 4 of this writ petition your deponent begs to state that out of total bill amount of Rs. 47,26,049/- only, Rs. 6,97,606/- only has already been paid to the petitioner and for payment of the balance amount demand proposal was submitted time to time. In the month of March/15 and March/18 respectively two nos. FOC's were released by Govt. of Assam for payment to all the contractors concern. And thereafter, till date no FOC's have been released or issued by the Govt. under which the scheme is running, for which no payments could be made to the contractors. Hence, the plea of lock down for Covid-19 Pandemic does not arise at all.” 3. This Court further finds it relevant to take note of that in the affidavit-in-opposition filed by the respondent No. 2, a reference has been made to the effect that all the works allotted and executed under the Scheme are under the investigation of the Chief Minister’s Vigilance Cell, Assam and under such circumstances, the Respondent Authorities were not in a Page No.# 4/6 position to process the said bill. 4. At this stage, this Court finds it relevant to take note of the order passed by this Court on 30.07.2025 which throws light on the enquiry being conducted by the Chief Minister’s Special Vigilance Cell, Assam. The said order being relevant is reproduced herein under: “Ms. DS Neog, the learned Standing Counsel for the Irrigation Department submits that pursuant to the order passed by this Court on 14.07.2025, the original documents have been received by the Irrigation Department. 2. Mr. PJ Barman, the learned counsel appearing on behalf of the respondent No.7 being the Chief Minister’s Special Vigilance Cell, Assam has also places before this Court a series of documents relating to the claims made by the petitioners in both the writ petitions which have been returned to the representatives of the Irrigation Department. The same have been collectively kept on record and marked with the letter ‘X’. 3. Ms. DS Neog, the learned Standing Counsel submits that as the said documents have been received, the Irrigation Department would now process the bills of the petitioners by taking into account the enquiry report and, therefore, seeks for some time. 4. List these matters again on 15.09.2025, on which date, the Irrigation Department shall give an update as to what is the status of the processing of the bills of the petitioners.” 5. Today, when the matter is being taken up, Ms. D.S. Neog, the learned Standing Counsel, Irrigation Department submitted that the Department is not in a position to make payment to the Page No.# 5/6 petitioner on account of paucity of funds. 6. It is the opinion of this Court that having issued the work orders and thereupon after accepting the work without any objection, the Respondent Authorities cannot later on deprive the petitioner of his dues on the ground of paucity of funds. 7. Considering the above, this Court therefore disposes of the instant writ petition with the following observations and directions: i) The Respondent Authorities i.e. the respondent Nos. 1 to 4 shall verify, as to whether, the petitioner is entitled to the amount of Rs. 40,28,443/- as claimed on the basis of the work orders. ii) The Respondent Authorities shall also verify, as to whether, the petitioner had submitted the requisite documents which are required for the 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 said exercise be completed within a period of 6 Page No.# 6/6 (six) months from the date a certified copy of the instant order is served upon the respondent No.2, i.e. the Chief Engineer, Irrigation Department, Assam. JUDGE Comparing Assistant