Page No.# 1/4 GAHC010142132023 2025:GAU-AS:739 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3799/2023 MD. ABDUL AZIZ S/O- LATE RAHMAN SHEIKH , R/O- ALIKHAPARA, P.O - PATHARIGHAT , P.S - SIPAJHAR , DIST- DARRANG, ASSAM, PIN-784144 VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT CHANDMARI GUWAHATI-03, ASSAM. 3:THE SUPERINTENDING ENGINEER SOUTHERN ASSAM CIRCLE WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-03, ASSAM. 4:THE EXECUTIVE ENGINEER MANGALDAI WATER RESOURCES DIVISION MANGALDAI, ASSA M, Advocate for the Petitioner : MR. P K MAZUMDAR, MR. R K MAZUMDAR Advocate for the Respondent : SC, WATER RESOURCE, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 24.01.2025. Heard Mr. P.K. Mazumdar, learned counsel for the petitioner. Also heard Mr. C. Sarma, learned counsel appearing on behalf of Mr. R.M. Das, learned standing counsel for the Water Resource Department for the respondents. Aggrieved by the non-payment of the outstanding bill amount of Rs.72,134/- (Rupees seventy two thousand one hundred thirty four) only, for execution of works of “raising and strengthening of Nonoi embankment B/B from N.H.52 to R.K.B./Dyke (under SSS)”, the present writ petition has been filed for a direction to release the said amount. The petitioner claims to be the registered contractor under the Water Resource Department, Govt. of Assam, has executed the work of “raising and strengthening of Nonoi embankment B/B from N.H.52 to R.K.B./Dyke (under SSS)” in Darrang District. The petitioner contends that he has completed the said work awarded to him and submitted a bill amount of Rs.72,134/- (Rupees seventy two thousand one hundred thirty four) only. It is submitted that despite several approaches, the respondent authorities have not paid the said amount which is due to the petitioner. Therefore, Mr. P.K. Mazumdar, learned counsel for the petitioner submits that the respondent authorities may be directed to Page No.# 3/4 immediately release the outstanding bill amount of Rs.72,134/- (Rupees seventy two thousand one hundred thirty four) only, forthwith with interest. Mr. C. Sarma, learned standing counsel for the Water Resource Department, referring to the instructions and the affidavit prepared on behalf of the Department, submits that the petitioner, a registered contractor under the Water Resource Department, Govt. of Assam, has been awarded the work of “raising and strengthening of Nonoi embankment B/B from N.H.52 to R.K.B./Dyke (under SSS)” in Darrang District, vide work order No.MWRD/GEN- 163/2014-15/89, dated 12.12.2014 and the petitioner has submitted the bill amounting to Rs.72,134/- (Rupees seventy two thousand one hundred thirty four) only, after completion of the work. He submits that the amount claimed by the petitioner is admitted. However, the same could not be paid to the petitioner due to paucity of fund. He submits that the payment will be released to the petitioner as and when fund is received by the Department, as the demand for fund has already been submitted to the competent authority for payment of the said liability. Having considered the submissions of learned counsel for the parties and considering that the amount claimed by the petition of Rs.72,134/- (Rupees seventy two thousand one hundred thirty four) only is an admitted amount, I deem it appropriate to dispose of the writ petition with a direction to the respondent authorities to release the outstanding amount of Rs.72,134/- (Rupees seventy two thousand one hundred thirty four) only, to the petitioner. Accordingly, the respondents are directed to release the admitted outstanding bill amount of Rs.72,134/- (Rupees seventy two thousand one hundred thirty four) only, within a period of two months from today. Page No.# 4/4 The writ petition stands disposed of. JUDGE Comparing Assistant