Page No.# 1/3 GAHC010142152023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3795/2023 NABA KUMAR DEKA S/O- LATE HARI CHANDRA DEKA, R/O- SANTIPUR, P.O AND P.S - MANGALDAI, DIST- DARRANG, ASSAM, PIN-784113 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 Page No.# 2/3 MANGALDAI WATER RESOURCES DIVISION MANGALDAI ASSA Advocate for the Petitioner : MR. P K MAZUMDAR, MR. R K MAZUMDAR Advocate for the Respondent : SC, WATER RESOURCE, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.02 .2025 Heard Mr. P.K. Mazumdar, learned counsel for the petitioner. Also heard Mr. D.K. Jain, learned Standing Counsel, Water Resource. The claim of the petitioner in respect of the work “Raising and Strengthening of Noni embankment B/B from NH-52 to R.K. B/Dyke (Under SSS)” is Rs.3,90,376/-(Rupees Three Lakhs Ninety Thousand Three Hundred and Seventy Six). In terms of the affidavit-in-opposition filed by the Chief Engineer, Water Resource Department amount of Rs.3,95,000/- (Rupees Three Lakhs Ninety Five Thousand) has already been paid to the petitioner and there is a remaining outstanding liability of Rs. 72,325/- (Seventy Two Thousand Three Hundred Twenty Five) to be paid. The learned counsel for the petitioner does not wish to file any re-joinder affidavit opposing the averments made in the affidavit-in-opposition. In that view of the matter since there is a specific averment made in the affidavit filed by the Chief Engineer, Water Resource Department that the amount of outstanding liability to Rs. 72,325/-(Seventy Two Thousand Three Hundred Twenty Five) this writ petition stands closed directing the respondent more particularly the respondent No.2 to release the outstanding amount in Page No.# 3/3 terms of the principal laid down in Tamsher Ali and Ors. Vs. State of Assam and Ors, reported in 2008 (4) GLT 1 (FB). Needless to say the amount is directed to be released shall be pursuant to the proper verification being made. Accordingly, this writ petition disposed of. JUDGE Comparing Assistant