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2025 DAILYLAW 17640 (GAU)

JAKIR HUSSAIN v. THE STATE OF ASSAM AND 7 ORS

WP(C)/4669/2025 · 2025-08-17

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010180632025 2025:GAU-AS:11126 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4669/2025 JAKIR HUSSAIN S/O- MOSRAF HUSSAIN, VILL.- JALUGUTI, NEAR IDDGAH FIELD, P.O. JALUGUTI, DIST. MORIGAON, ASSAM, PIN- 782104. VERSUS THE STATE OF ASSAM AND 7 ORS REPRSENTED BY THE SPECIAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT ASSAM BASISTHA GUWAHATI-29. 3:THE SUPERINTENDING ENGINEER NAGAON WATER RESOURCES CIRCLE NAGAON P.O. AND DIST. NAGAON ASSAM PIN- 782001. 4:THE EXECUTIVE ENGINEER WATER RESOURCE DEPARTMENT MORIGAON WATER RESOURCE DIVISION MORIGAON P.O. AND DIST. MORIGAON ASSAM PIN- 782105. Page No.# 2/4 5:THE UNION OF INDIA REPRESENTED BY THE COMMISSIONER MINISTRY OF JAL SHAKTI DEPARTMENT OF WATER RESOURCES RIVER DEVELOPMENT AND GANGA REJUVENATION NEW DELHI-110001. 6:THE BRAHMAPUTRA BOARD ASSAM REPRESENTED BY ITS CHAIRMAN GUWAHATI-781029. 7:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-781029. 8:ACCOUNTS OFFICER MORIGAON WATER RESOURCE DIVISION MORIGAON B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) :Mr. A Alam Advocates for the respondent(s) :Ms. R Deka Standing Counsel, Water Resource Department Date of hearing & judgment :18.08.2025 JUDGMENT & ORDER(ORAL) Heard Mr. A Alam, the learned counsel appearing on behalf of the petitioner. Page No.# 3/4 Ms. R Deka, the learned Standing Counsel, Water Resource Department, who appears on behalf of respondent Nos. 1, 2, 3, 4, 6 and 8 and Ms. S Deka, the learned counsel appears on behalf of respondent No.7. None appears on behalf of the Union of India on call. 2. The petitioner has approached this Court seeking a writ in the nature of mandamus directing the respondent authorities to release the outstanding balance amount of Rs.3,07,274/- which the petitioner claims to be entitled to. 3. It is relevant to take note of from the materials on record that the petitioner was issued a work order dated 15.09.2012 by the Executive Engineer, Morigaon Water Resource Division, Morigaon. It is the case of the petitioner that pursuant to the work being completed, out of the total bill amount of Rs.4,62,597/- an amount of Rs.1,55,323/- was paid to the petitioner and the remaining amount of Rs. Rs.3,07,274/- however remains outstanding. 4. It is relevant to observe that there is no mention in the writ petition as to when the amount of Rs.1,55,323/- was paid to the petitioner. It is also pertinent to observe that there is also no representation being submitted by the petitioner before the authorities concerned seeking payment of the outstanding dues. Under such circumstances, it is, therefore, the opinion of this Court that a delayed claim is sought to be agitated by filing the instant writ petition before the Court, that too, without approaching the authorities concerned. 5. Considering the above, as the petitioner has not approached the authorities concerned and the writ petition does not explain the delay or laches, this Court Page No.# 4/4 is not inclined to entertain the instant writ petition, for which, the instant writ petition stands dismissed. 6. Liberty is given to the petitioner to approach the appropriate authorities, if so advised. JUDGE Comparing Assistant