Page No.# 1/4 GAHC010193252024 2025:GAU-AS:2936 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5088/2024 BINOD DAIMARI S/O- LATE BISHRAM DAIMARI, R/O- VILL.- JHAKARAGAON, P.O. AMBAGAON, P.S. AND DIST. UDALGURI, ASSAM, PIN- 784510. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-781006. 2:THE DEPUTY SECRETARY (E) TO THE GOVT. OF ASSAM IRRIGATION DEPARTMENT ASSAM SECRETARIAT DISPUR GHY-781006. 3:THE CHIEF ENGINEER IRRIGATION ASSAM CHANDMARI GUWAHATI-781003. 4:THE EXECUTIVE ENGINEER IRRIGATION DEPARTMENT DHANSIRI PROJECT DIVISION (IRRIGATION) CANAL-II UDALGURI ASSAM 5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI-781006 Page No.# 2/4 Advocate for the Petitioner : MR. S SUTRADHAR, J.P. BARUAH Advocate for the Respondent : SC, IRRIGATION, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 19.03.2025 Heard Mr. S. Sutradhar, learned counsel for the petitioner. Also heard Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department, for the respondent Nos. 1 to 4 as well as Mr. B. Gogoi, learned Standing Counsel, Finance Department, for the respondent No. 5. 2. Pursuant to the Tender Notice dated 23.12.2013, the petitioner was issued a Work Order dated 28.02.2014 by the Chief Engineer, Irrigation, Assam, for construction of Gated Spillway at CH.16760.00M of B3M Canal with an estimated amount of Rs. 1,90,84,643/- (Rupees One Crore Ninety Lakhs Eighty Four Thousand Six Hundred and Forty Three) only. While the petitioner was doing the project work, the estimates were revised and accordingly a supplementary Tender was also invited in which the petitioner became the L1 Bidder and accordingly, he was awarded a supplementary Work Order dated 21.01.2015 by the Chief Engineer, Irrigation, Assam, for construction of Gated Spillway at CH.16760M of B3M Canal for an estimated amount of Rs.5,69,53,458/- (Rupees Five Crore Sixty Nine Lakhs Fifty Three Thousand Four Hundred and Fifty Eight) only. While, performing the project work, another additional protection work at the Gated Spillway at CH.16760M of B3M Canal Page No.# 3/4 was also awarded to the petitioner by a Work Order dated 20.11.2017 by the Chief Engineer, Irrigation, Assam. The petitioner completed the work and thereafter completion report was submitted showing an outstanding amount of Rs.476.08698 Lakhs. Thereafter, the Executive Engineer, Udalguri, Mazbat Division (Irrigation), submitted a demand for fund to the Chief Engineer, Irrigation, Assam, on 07.08.2023 amounting to Rs.476.08698 Lakhs. However, as the said amount has not been paid to the petitioner, the petitioner is before this Court by way of the present writ petition. 3. The Chief Engineer, Irrigation Department/Respondent No. 3 has filed an affidavit and in Paragraph – 3 & 4, it is stated as under:- “3. That the deponent begs to state that the writ petitioner has completed the Work of Dhansiri Irrigation Project-Construction of Gated Spillway at CH.16760.00M of B3M Canal on 20.02.2023 against the Work Order vide No.DDP/VI/CS/8/2014/4 dated 28.02.2014. 4. That the deponent begs to state that the total estimate of Rs. 16,96,38,080.00 (Rupees Sixteen Crore Ninety Six Lakhs Thirty Eight Thousand and Eighty) only due to updating the rates of POL, Labour wages, Material cost and GST etc for the construction of Gated Spillway at CH.16760.00M of B3M Canal under Dhansiri Irrigation Project was already been approved vide Letter No.DDP/VI/75/2013/Pt-I/29 dated 24.03.2023 and out of total estimate balance of Rs.4,76,08,698.00 (Four Crores Seventy Six Lakhs Eight Thousand Six hundred Ninety Eight) was not paid by the respondents to the writ petitioner due to non-availability of funds.” 4. Considering the averments made at Paragraph – 3 & 4 of the affidavit filed by the Chief Engineer, Irrigation, Assam, this writ petition is disposed of directing the respondents to have a verification and thereafter pay the admitted amount to the petitioner within a period of 5 (five) months from the date of Page No.# 4/4 receipt of a certified copy of this Court’s Order. 5. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant