Page No.# 1/4 GAHC010162222024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4164/2024 M/S UNIQUE ENTERPRISE REPRESENTED BY RAZI UD DOWLLAH, AGED ABOUT 54 YEARS, S/O- RAISUD DOWLLAH, RESIDENT OF DHAI ALI, P.O. AND DIST.- SIVASAGAR, P.S.- SIVASAGAR, ASSAM, PIN- 785640. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-6. 2:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI-6. 3:CHIEF ENGINEER IRRIGATION DEPARTMENT GOVERNMENT OF ASSAM CHANDMARI GUWAHATI-3 ASSAM. 4:SUPERINTENDING ENGINEER Page No.# 2/4 IRRIGATION DEPARTMENT DIBRUGARH CIRCLE IRRIGATION DIVISION DIBRUGARH ASSAM. PIN -785001. 5:EXECUTIVE ENGINEER DIBRUGARH LAHUWAL CHABUA DIVISION DIVISION (IRRIGATION) DIBRUGARH ASSAM. PIN- 786001 Advocate for the Petitioner : MR. N J GOGOI, MS. S DEB Advocate for the Respondent : SC, IRRIGATION, SC, FINANCE DEPTT. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 11.06.2025 Mr. N.J. Gogoi, learned counsel for the petitioner. Also heard Mr. N. Upadhaya, learned counsel for the respondent Nos. 1, 3, 4 & 5 and Mr. A. Chaliha, learned Standing Counsel, Finance Department. By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking release of the outstanding bills amounting to Rs. 19,03,915/- pending payment against the works completed by the petitioner. The brief facts of the case is that pursuant to the work order dated 06.03.2015, for the work restoration of existing pre-cast salab lining in branch Page No.# 3/4 canal 1 cusec capacity at L.I.S. from river tiloi in hunghungia area (Ph-II) under AIBP for the year 2013-14, Group No. VI Value of work (approx.):Rs. 3008170.00 in reference to the technical order dated 02.03.2015, the petitioner completed the aforesaid work. However, despite of completion of the work, there has been an outstanding amount of Rs. 19,03,915/- due to the petitioner. Situated thus, the present writ petition has been filed. Mr. N. Upadhaya, learned counsel for the respondent Nos. 1, 3, 4 & 5 submits that he has received instructions to the effect that out of the total payable amount to the petitioner, i.e., Rs. 20,60,875/-, an amount of Rs. 3,85,946/- was made, leaving and amount of Rs. 17,13,524/- as due to the petitioner. He further submits that in view of the aforesaid admission of the Department, the writ petition can be disposed of in terms of the direction passed in Tamsher Ali & Others Vs. State of Assam & Others, reported in 2008 (4) GLT 1 (FB). Per contra, Mr. N.J. Gogoi, learned counsel for the petitioner submits that as per the documents enclosed as Annexure-3 at page 19 of the writ petition, the amount balance due for payment as admitted by the Department is Rs. 19,03,915/- and not Rs. 17,13,524/-. However, he submits that the matter can be disposed of in terms of the decision rendered in Tamsher Ali (supra). In view of the aforesaid consensus arrived at between the parties at the bar, this writ petition can be disposed of with a direction to the respondent authorities to release the outstanding bill amount of the petitioner in terms of Tamsher Ali (supra) within a period of 4 (four) months from the date of receipt of a certified copy of this order. Page No.# 4/4 Ordered accordingly. The writ petition stands disposed of. JUDGE Comparing Assistant