Page No.# 1/4 GAHC010103282025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2682/2025 SMT. KALPANA DAS W/O- SRI AMIYA KUMAR DAS, R/O- OLD POST OFFICE BYE LANE, NEAR KALI MANDIR, CHATRIBARI, GUWAHATI, P.O.-BHARALUMUKH, P.S-PALTAN BAZAR, DIST.-KAMRUP (M), ASSAM-781008 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT (P.H.E.D), BLOCK-B, ASSAM SACHIVALAYA, DISPUR, GUWAHATI-6. 2:THE CHIEF ENGINEER (WATER) PUBLIC HEALTH ENGINEERING DEPARTMENT (P.H.E.) ASSAM HENGRABARI GUWAHATI-36. 3:THE ADDITIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT (P H E D) LOWER ASSAM ZONE BAMUNIMAIDAN GUWAHATI-21 ASSAM. 4:THE SUPERINTENDING ENGINEER (P H E) GUWAHATI CIRCLE P.O. BAMUNIMAIDAM GUWAHATI-21 ASSAM Page No.# 2/4 5:THE EXECUTIVE ENGINEER (P H E) GUWAHATI DIVISION NO. II GUWAHATI-21 ASSAM. 6:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF FINANCE ASSAM SACHIVALAYA DISPUR GUWAHATI-6 7:THE FINANCE COMMISSIONER FINANCE DEPARTMENT GOVT OF ASSAM ASSAM SACHIVALAYA DISPUR GUWAHATI- Advocate for the Petitioner : MR. C CHAKRAVARTY, MR B P SARMAH,MR D DAS,MR. S SARMA Advocate for the Respondent : SC, P H E, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 29.08.2025 Heard Mr. S. Sarma, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned standing counsel, PHED appearing for the respondents. This application is filed seeking a direction to the respondent authorities to release the outstanding dues of the petitioner amounting to Rs.7,22,468/- (Rupees seven lakh twenty two thousand four hundred sixty eight only)for execution of various works executed by the petitioner under the Department of PHE. The petitioner is a Class-II category registered Contractor. The petitioner was awarded various works by way of work orders, which are as follows:- Page No.# 3/4 a) Repairing and replacement of power line from 100 KVA Transformer to panel board at Tophill station of GMC Section. b) Repairing and replacement of electric service connection at 2 nos IV grade Quartes tophill station of GMC Section. c) Changing of the alignment of 150 mm dia hose pipe pushing the barge of Panbazar on 28/10/2019 @ 12/11/19 due to decrease of water level of river Brahmputra d) Changing of the alignment of 150 mm dia hose pipe pushing the barge Panbazar on 22.05.20 and 27.05.20 due to decrease of water level of river Brahmputra. e) Repairing & clearing of suction pipe from the debris like banana trees, grasses, branches of trees which cover the mouth of suction pipe and deposited surrounding the barge and bamboo made jetty during increase of water level of river Brahmputra f) Pulling the floating barge due to increase of water level of the river Brahmputra at Panbazar barge site on 03.09.2021. g) Pulling the floating barge due to incrase of water level of the river Brahmputra at Panbazar barge sisde on 24.08.21 h) Pulling the floating barge due to increase of water level of the river Brahmputra at Panbazar barge side on 09.04.2021. i) Renovation of 31.50 mm pneumatic house pipe fitted with different pump set for priming work at Panbazar barge site. j) Pushing the floating barge due to decrease of water level of the river Brahmputra at Panbazar barge site on 19.09.21 k) Pulling the floating barge due to increase of water leel of river Brahmputra at Panbazar barge site on 06.10.2021. l) Pushing the floating barge due to decrease of water level of the river Brahmputra at Panbazra barge site on 10.11.21 m) work order for pushing of the barge under panbazar section due to decrease of water level of Brahmaputra river (31/5,29/6/22) n) work order for pulling of the barge under panbazar Section due to increase of water level of Page No.# 4/4 Brahmaputra river (7/9/22) It is the contention of the petitioner that he has executed the above works to the satisfaction of the respondent authorities. However, the total outstanding amount of Rs.7,22,468/- has not been released as yet despite repeated approaches and therefore, prayed for a direction to the respondent authorities to release the admitted outstanding amount of Rs.7,22,468/- to the petitioner. Mr. I. Borthakur, learned Standing Counsel, PHED fairly submits that the writ petition may be disposed of with a direction to the respondents to verify the claim of the petitioner and to make payment in the event the claim of the petitioner is admitted. Having considered the submissions of the learned counsel for the parties, I deem it appropriate to dispose of the writ petition with a direction to the respondent authorities to verify the claim of the petitioner and in the event, the claim of the petitioner is found admitted, the same may be paid to the petitioner. Accordingly, it is directed that the respondent authorities particularly, the Chief Engineer (Water), PHED shall verify the claim of the petitioner within a period of 1 (one) month from today and in the event, the claim of the petitioner is found admitted, the same shall be released to the petitioner within a period of another 2 (two) months thereafter. Writ petition stands disposed of. JUDGE Comparing Assistant