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2025 DAILYLAW 14002 (GAU)

MADHAB DEKA v. THE STATE OF ASSAM AND 4 ORS

WP(C)/3233/2024 · 2025-03-06

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010125162024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3233/2024 MADHAB DEKA S/O- HALIRAM DEKA, R/O- NA-BHETI, WARD NO-10, P.O AND DIST- MORIGAON, ASSAM, PIN-782105 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI- 781006, ASSAM. 2:THE CHIEF ENGINEER IRRIGATION DEPARTMENT CHANDMARI GUWAHATI- 781003 ASSAM. 3:THE SUPERINTENDING ENGINEER NAGAON CIRCLE (IRRIGATION) NAGAON ASSAM PIN-782001 4:THE EXECUTIVE ENGINEER MORIGAON LAHORIGHAT JAGIROAD DIVISION (IRRIGATION) JAGIROAD MORIGAON PIN-782410 5:THE ASSTT. EXECUTIVE ENGINEER Page No.# 2/3 JAGIROAD/MORIGAON SUB DIVISION BOHA/ MORIGAON PIN-78241 Advocate for the Petitioner : MR. M R LASKAR, MR N SARMA Advocate for the Respondent : SC, IRRIGATION, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 07-03-2025 Heard Mr. N. Sarma, learned counsel for the petitioner. 2. By filing this petition, the petitioner has prayed for release of an amount of Rs.2,25,681/- (rupees two lakh twenty five thousand six hundred eighty one) only due to the petitioner for execution of repairing work of departmental rest house (IB) at Basanaghat Repairing of furnitures & Accessories etc of Division Office Etc. under M & R (D & A) for the year 2021-22. 3. The petitioner is a contractor by profession. The Executive Engineer, Morigaon, Lahorighat, Jagiroad issued work order in favour of the petitioner for repairing of departmental rest house (IB) at Basanaghat Repairing of furnitures & Accessories etc of Division Office Etc. under M & R (D & A) for the year 2021-22. 4. The petitioner completed the work of repairing of departmental IB at Basanaghat under M & R (2702 MI D & A) for the year 2021-22 under Morigaon-Laharighat-Jagiroad Division, Irrigation and the same has been certified by the Superintendent Engineer, Nagaon. 5. Mr. N. Upadhyay, learned counsel for the respondents has conceded that the petitioner appears to have completed the works of repairing of departmental IB at Basanaghat under M & R (2702 MI D & A) for the year 2021-22 under Morigaon-Laharighat-Jagiroad Division, Irrigation. 6. Perusal of the documents annexed to the writ petition indicates that the writ petitioner has completed the work of repairing of departmental IB at Basanaghat under M & R (2702 MI D & A) for the year 2021-22 under Morigaon-Laharighat-Jagiroad Division, Irrigation as per the work order issued by the respondent authorities and submitted the bill amount of Rs.2,25,681/- which appears to be admitted one. Page No.# 3/3 7. Having considered that the claim of the petitioner is not disputed by the Department, I am of the considered view that it would be appropriate to dispose of the writ petition with a direction to the respondent authorities particularly, the respondent No.2 to verify the claim of the petitioner and, if found admitted, the same shall be paid to the petitioner. 8. Accordingly, it is directed that the Chief Engineer, Irrigation Department shall verify the claim of the petitioner within a period of two months from today and if found admitted, same shall be paid to the petitioner within a period of three months thereafter. 9. With the above directions and observations, the writ petition stands disposed of. JUDGE Comparing Assistant