Page No.# 1/5 GAHC010120102022 2025:GAU-AS:86 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4330/2022 ASHADEEP BHATTACHARJEE D/O. SRI DIP BHATTACHARJEE, R/O. HENGRABARI, GUWAHATI-781036, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, P.H.E., GUWAHATI DIVISION NO.II, GUWAHATI-781021. 2:SECRETARY TO THE GOVT. OF ASSAM REVENUE AND D.M (GENERAL) DISPUR GUWAHATI-781006. 3:THE CHIEF ENGINEER P.H.E. GOVT. OF ASSAM GUWAHATI DIVISION NO.II ASSAM. 4:THE SUPERINTENDING ENGINEER P.H.E. GOVT. OF ASSAM GUWAHATI DIVISION NO.II GUWAHATI-781021 ASSAM. 5:THE EXECUTIVE ENGINEER Page No.# 2/5 P.H.E. GOVT. OF ASSAM GUWAHATI DIVISION NO.II GUWAHATI-781021 ASSAM. 6:THE ASSTT. EXECUTIVE ENGINEER P.H.E. GUWAHATI-781021 ASSAM. 7:SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 Advocate for the Petitioner : MR F HAQUE, MR A HUSSAIN,MR. B K SEN Advocate for the Respondent : SC, P H E, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 06.01.2025 Heard Mr. B.K. Sen, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned counsel for the PHE Department, Assam and Mr. S. Dutta, learned counsel for the respondent No.2. 2. The petitioner has prayed for direction to be issued to the respondents, to make payment of Rs.8,83,729/- for the work executed by the petitioner under the respondent No.5 with interest, from the date of filing of the petition till realization of the amount. Page No.# 3/5 3. The petitioner’s counsel submits that the petitioner was entrusted with various works by the respondents, for maintaining and repairing of various water pumps situated at Gauhati University and Assam Engineering College under Water Supply Scheme. The petitioner accordingly submitted various bills in respect of 13 work orders. However, the said amount has not been paid till date. 4. Mr. I. Borthakur, learned counsel submits that he has not received instructions till date from the authorities and as such, the writ petition can be disposed of with a direction to the respondent No.3 to examine the claim of the petitioner and pay the admitted amount to the petitioner. 5. I have heard the learned counsels for the parties. 6. The bills of the petitioner pertaining to the 13 work orders are reproduced hereinbelow as follows:- “order dated 27/11/2020, Vide No. PHEE/G-II/TC-224/(Pt-II)(JLB)/2021- 22/5966, amounting Rs. 47,660.00, order dated 27/11/2020, Vide No. PHEE/G-II/TC-224/(Pt- II)(JLB)/2021- 22/5969, amounting Rs. 46,608.00, order dated 27/11/2020, Vide No. PHEE/G-II/TC-224/(Pt- II)(JLB)/2021- 22/5958, amounting Rs. 32,851.00, order dated 27/11/2020, Vide No. PHEE/G-II/TC-224/(Pt- II)(JLB)/2021- 22/5961, amounting Rs. 34,050.00, order dated 27/11/2020, Vide No. PHEE/G-II/TC-224/(Pt- II)(JLB)/2021- 22/5972, amounting Rs. 22,130.00, Page No.# 4/5 order dated 27/11/2020, Vide No. PHEE/G-II/TC-224/(Pt- II)(JLB)/2021- 22/5964, amounting Rs. 1,34,988.00, order dated 27/11/2020, Vide No. PHEE/G-II/TC-224/(Pt- II)(JLB)/2021- 22/5955, amounting Rs. 44,658.00, order dated-23/06/2021, vide no. PHEE/G-II/TC-224/(Pt- II)(JLB)/2021-22/503, amounting Rs.47,141.00, order dated-23/06/2021, vide no. PHEE/G-II/TC-224/(Pt- II)(JLB)/2021-22/509, amounting Rs. 1,49,808.00, order dated-23/06/2021, vide no. PHEE/G-II/TC-224/(Pt- II)(JLB)/2021-22/500, amounting Rs. 35,813.00, order dated-23/06/2021, vide no. PHEE/G-II/TC-224/(Pt- II)(JLB)/2021-22/494, amounting Rs. 79,943.00, order dated-23/06/2021, vide no. PHEE/G-II/TC-224/(Pt- II)(JLB)/2021-22/497, amounting Rs. 40,946.00, order dated-23/06/2021, vide no. PHEE/G-II/TC-224/(Pt- II)(JLB)/2021-22/506, amounting Rs. 1,67,133.00, in total amount of Rs 8,83,729/- (Rupees Eight lakhs eighty three thousand seven hundred twenty nine).” 7. In view of the fact that the State respondents have not given any instructions to the Standing Counsel or filed any affidavit with regard to the claim made by the petitioner in this writ petition, which has been filed on 15.06.2022, this Court is not willing to wait any longer for the respondents to file their affidavit. Accordingly, the respondent No.3 is directed to examine the claim of the petitioner, in terms of the judgment of the Full Bench of this Court in Tamsher Ali and Etc. Etc Vs. State of Assam and Ors , reported in 2008 (4) GLT 1 and pay to the petitioner the admitted amount. The entire exercise should be concluded within a period of 3(three) months from the date Page No.# 5/5 of receipt of a certified copy of this order. 8. The writ petition is accordingly disposed of. JUDGE Comparing Assistant