Page No.# 1/3 GAHC010102132023 2025:GAU-AS:9397 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2712/2023 BINOD KUMAR AGARWALLA S/O- LATE PRAHLAD RAI AGARWALLA, R/O- 501, KIRANSHREE APARTMENT, BYE LANE NO. 2, ABC, TARUN NAGAR, DISPUR, DIST. KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-6. 2:SECRETARY TO THE GOVT. OF ASSAM WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-3. 3:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT (PREVIOUSLY DEPARTMENT OF FLOOD CONTROL GHY-3 GOVT. OF ASSAM CHANDMARI GUWAHATI-3 Advocate for the Petitioner : MR. D K JAIN, Advocate for the Respondent : GA, ASSAM, SC, WATER RESOURCE Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 23/07/2025 Heard Mr. D K Jain, learned counsel for the petitioner. Also heard Mr. J Handique, learned Government Advocate, Assam appearing for the respondent No. 1 and Ms. P Seyie, learned counsel appearing on behalf of Mr. R M Das, learned counsel for the respondent Nos. 2 to 5. 2. The petitioner by way of instituting the present proceeding has prayed for a direction upon the respondents for releasing to him an amount of Rs.10,88,561/- (Rupees Ten Lakhs Eighty Eight Thousand Five Hundred Sixty One) only against the contractual dues receivable by him for the works executed on behalf of the respondent authorities. 3. The materials brought on record reveal that the petitioner was awarded the following works:- “(a) “Anti-Erosion measures to protect Soulkuchi town from the erosion of river Brahmaputra, Ph-III” vide work orders No. SE(SAC)W-1/Pt-XI/212 dated 24.02.2012; and (b) “Channelization of river Brahmaputra from downstream of Saraighat Bridge of Gondhmow area” vide work orders No. SE(SAC)W-1/Pt-XI/52- B dated 09.01.2012.” 4. It is projected in the writ petition that the petitioner had successfully completed the works allotted to him and had raised bills before the Executive Engineer, Water Resources Department, Guwahati East Water Resources Division. However, the same not having been cleared, the petitioner has instituted the present proceeding. 5. The respondents have filed an affidavit in the matter and have admitted that two works were allotted to the petitioner. With regard to the work granted to the petitioner pertaining to Anti-Erosion measures to protect Soulkuchi town from the erosion of River Brahmaputra, Ph-III vide work order No. SE(SAC)W-1/Pt-XI/212 dated 24.02.2012, the total amount involved was Rs.9,78,561 (Rupees Nine Lakhs Seventy Eight Thousand Five Hundred Sixty One) only. 6. It is contended that the petitioner was released with an amount of Rs.7,00,000/- (Rupees Seven Lakhs) only, against the said work and the balance amount payable to the petitioner works out at Rs.2,78,561/- (Rupees Two Lakhs Seventy Eight Thousand Five Hundred Sixty One) only. Page No.# 3/3 7. It is submitted by the respondents that with regard to the work pertaining to channelization of river Brahmaputra from downstream of Saraighat Bridge of Gondhmow area allotted to the petitioner vide work order No. SE(SAC)W-1/Pt-XI/52-B dated 09.01.2012 amounting to Rs.1,10,000/- (Rupees One Lakh Ten Thousand) only, the full amount has been released to the petitioner and no arrear remains thereof. 8. The stand as taken by the respondents in the affidavit filed in the matter would go to reveal that the work allotted to the petitioner in pursuance to the work orders dated 24.02.2012 and 09.01.2012 have been executed by him satisfactorily and the amounts due to the petitioner there under has also been admitted. 9. The contention of the respondents that the petitioner is now entitled to only an amount of Rs.2,78,561/- (Rupees Two Lakhs Seventy Eight Thousand Five Hundred Sixty One) only has not been disputed by the petitioner herein. 10. In view of the above position, the contractual dues of the petitioner being admitted by the respondents, this Court directs the respondent Nos. 2, 3, 4 & 5 to release to the petitioner his remaining contractual dues of Rs.2,78,561/- (Rupees Two Lakhs Seventy Eight Thousand Five Hundred Sixty One) only within a period of 3 (three) months from the date of receipt of a certified copy of this order. 11. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant