Page No.# 1/4 GAHC010190002024 2025:GAU-AS:9306 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4748/2024 RABIN CH SARMAH S/O- HARI PRASAD SARMAH, R/O- ITACHALI, J.B. ROAD, P.O. AND P.S.- NAGAON, DISTRICT- NAGAON, ASSAM, PIN- 782003. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, ASSAM, PIN- 781006. 2:THE CHIEF ENGINEER MINOR IRRIGATION DEPARTMENT CHANDMARI ASSAM PIN- 781003. 3:THE SUPERINTENDING ENGINEER HOJAI CIRCLE IRRIGATION ASSAM PIN- 782435. 4:THE EXECUTIVE ENGINEER JAMUNAMUKH-HOJAI-LUMDING DIVISION (IRRIGATION) HOJAI ASSAM PIN- 782435 Page No.# 2/4 Advocate for the petitioner(s) : Mr D Doley Advocate for the respondent(s) : Ms D S Neog, SC, Irrigation Deptt. BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 18.07.2025 1. The instant writ petition is filed by the Petitioner challenging the non-payment of the contractual bill for the wrok awarded to him via work orders dated 11.03.2015 (Preliminary) and 27.03.2015 (Formal) for the “Fabrication, Supply and Connection of LTSB Components, Starter Frame, Laying of Feeder Cables etc.” for the Kalmonijan LIS, under the Nagaon Mechanical Division (Irrigation), which was later bifurcated and shifted to Hojai. 2. The case of the Petitioner herein, is that he has completed the civil portion of the work and as such he is entitled to an amount of Rs. 9,39,000/-, but, however the said amount has not been disbursed to him till date. 3. The learned counsel appearing on behalf of the petitioner submits that during execution of the project, the Hojai Reserved Forest Authority raised an objection, stating that the project would obstruct the movement of wildlife, particularly elephants. As a result, the mechanical portion of the work, including the installation of LTSB components, cables and starter frames could not be completed by the petitioner. Consequently, the petitioner raised his bills for completion of the civil work, including fabrication and supply, while leaving out the mechanical part, as per the terms and conditions of the work order, and accordingly, the bill was submitted to the respondent authorities for clearance and payment. 4. It is further submitted by the learned counsel for the petitioner that, despite the fact that the civil work was completed by the petitioner, in accordance with the terms of the Page No.# 3/4 NIT, which was verified by the respondent authorities and the quality and quantity of work were also found to be satisfactory and no irregularities or defects were noted, the respondent authorities have failed to release the payment due to the petitioner for the executed work. In addition to that, the petitioner had approached the respondent authorities multiple times by submitting several representations, seeking the release of the payment, but the respondent authorities have failed to make necessary payment, leaving the petitioner in severe financial distress. On 29.06.2024, the petitioner had also submitted a written application to the respondent No. 4, i.e., the Executive Engineer, Jamunamukh-Hojai-Lumding Division (Irrigation), Hojai, requesting the release of the pending payment, citing the prolonged delay and financial hardship faced by him and after persistent efforts and repeated requests made by the petitioner, the Executive Engineer finally prepared a statement of liability report acknowledging their obligation to pay the outstanding amount to the petitioner, wherein they had admitted their liability to pay an outstanding bill of Rs. 9,39,000/-, to the petitioner, against the aforementioned work, out of the total work value of Rs. 12,52,000/-. Hence, the petitioner has approached this Court by filing this writ petition. 4. Ms D S Neog, the learned Standing Counsel, appearing on behalf of the Irrigation Department, submits that there is no denial to the fact that the work in question was issued to the petitioner. The learned counsel for the respondents, however, submitted that the entitlement of the petitioner would be dependent upon further verification to be carried out by the respondent authorities. 7. Upon perusal of the materials on record, this Court is of the opinion that if the petitioner had completed the work in question, the petitioner would be entitled to the amount as claimed. However, for the same, verification on the part of the respondent authorities would be required. 8. This Court, therefore, disposes of the instant writ petition with the following observations and directions:- Page No.# 4/4 i) the Respondent Authorities shall verify, as to whether the Petitioner had successfully executed the civil part of the work, i.e. completing the fabrication and supply, for the Kalmonijan LIS, under the Nagaon Mechanical Division (Irrigation), as per the allotment of the work; ii) the Respondent Authorities shall also verify, as to whether the Petitioner had submitted the requisite documents, which are required for the purpose of releasing the outstanding amount, as claimed by the petitioner; iii) the Respondent Authorities shall also verify the entitlement of the Petitioner, to the outstanding dues, and if upon verification, it is found that the Petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the Petitioner; and iv) the said exercise be completed within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the Secretary to the Government of Assam, Irrigation Department, Dispur, Assam. JUDGE Comparing Assistant