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2025 DAILYLAW 16753 (GAU)

LAKHYAJIT HAZARIKA v. THE STATE OF ASSAM AND 4 ORS

WP(C)/4351/2023 · 2025-01-28

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010166372023 2025:GAU-AS:1005 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4351/2023 LAKHYAJIT HAZARIKA S/O- ROHESWAR HAZARIKA, R/O- VILL.- CKHONACHUK, P.O. GARMUR, DIST. MAJULI, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-6. 2:SECRETARY TO THE GOVT. OF ASSAM WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-3. 3:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT WR CIRCLE BASISTHA GUWAHATI-29. 4:THE SUPERINTENDING ENGINEER WATER RESOURCES DEPARTMENT NORTH LAKHIMPUR CIRCLE NORTH LAKHIMPUR. 5:EXECUTIVE ENGINEER WATER RESOURCES DEPARTMENT MAJULI W.R. DIVISION GARAMUR MAJULI Advocate for the Petitioner : MR. D K JAIN, Page No.# 2/3 Advocate for the Respondent : GA, ASSAM, SC, WATER RESOURCE BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R 29.01.2025 Heard Mr. D.K. Jain, learned counsel for the petitioner. Also heard Ms. D. Jain, learned counsel appearing on behalf of Mr. R.M. Das, learned Standing Counsel, Water Resources Department, Govt. of Assam, for the respondent nos. 2, 3, 4 and 5 and Ms. S. Baruah, learned State counsel for the respondent no.1. The present petition has been instituted praying for an appropriate direction for payment of outstanding amount of Rs. 12,51,072/- on account of the contract works executed by the petitioner for immediate measures for protection of Ahotguri Area Sesuguri and Protection of a Road Cum Bund under S.D.R.F. for the year, 2017-2018. It is submitted by Mr. D.K. Jain, learned counsel for the petitioner that the amount claimed by the petitioner is an admitted one and there is no dispute regarding the execution of works. He submitted that the petitioner being the registered contractor, who executes different Government contract and supply works under the Executive Engineer, Water Resources Department was awarded the work of immediate measures for protection of Ahotguri Area Sesuguri and Protection of a Road Cum Bund under S.D.R.F. for the year, 2017-2018. After completion of the said works, the petitioner submitted the bill amounting to Rs. 12,51,072/-. However, the respondent authorities have failed to pay the said Page No.# 3/3 admitted amount. Therefore, prays for a direction to the respondent authorities to pay the aforesaid amount to the petitioner. Having considered that the petitioners have executed the aforesaid works and have submitted the bill as per the work orders, I deem it appropriate to dispose of the writ petition with a direction to the petitioner to verify and if admitted, the same be paid to the petitioner. Accordingly, it is directed that the respondent authorities in the Water Resources Department shall verify the claim of the petitioner and if found admitted, the amount of Rs. Rs. 12,51,072/- shall be paid to the petitioner. The verification shall be carried out by the respondent authorities within a period of one month from the date of receipt of the copy of this order, if found admitted as directed herein above, the same shall be paid to the petitioner within a period of 3(three) months thereafter. In view of above, the writ petition stands disposed in above terms. JUDGE Comparing Assistant