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2025 DAILYLAW 18857 (GAU)

RONIT HAFLONGBAR v. THE STATE OF ASSAM AND 5 ORS

WP(C)/5144/2024 · 2025-08-19

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010201462024 2025:GAU-AS:11194 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5144/2024 RONIT HAFLONGBAR S/O- SRI GOTOLAL HAFLONGBAR, R/O- VILL- MAHOR PURA (KALACHAND), P.O. AND P.S.- MAIBANG, DIST.- DIMA HASAO, ASSAM. PIN- 788831. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS ROAD DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06. 3:THE PRINCIPAL SECRETARY DIMA HASAO AUTONOMOUS COUNCIL HAFLONG DIST.- DIMA HASAO HAFLONG ASSAM PIN- 788819. 4:THE ADDL. CHIEF ENGINEER PWD ( R AND B) HILLS Page No.# 2/4 ASSAM HAFLONG DIST.- DIMA HASAO PIN- 788819. 5:THE SUPERINTENDING ENGINEER PWD (R AND B) HAFLONG CIRCLE HAFLONG DIST.- DIMA HASAO ASSAM PIN- 788810. 6:THE EXECUTIVE ENGINEER P.W.D.( R AND B) MAIBANG DIVISION MAIBANG PIN- 788831 Advocate for the petitioner(s): Mr. H Talukdar Advocate for the respondent(s): Ms. R Deka Standing Counsel, Water Resource Department, Assam B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 20.08.2025 The instant writ petition is filed by the petitioner challenging the inaction on the part of the Respondent Authorities in releasing the dues to which the Page No.# 3/4 petitioner is entitled to upon completion of the work allotted to him by the Executive Engineer, P.W.D. (R&B), Maibang Division for “Construction of M & BT of Kalachand Bazar approach Road (L=1.60 KM) under State Plan (SOPD) under PWD (R&B) Maibang Division for the year 2023-24. Estimate-I:D.K.Road (L=1.00 KM)” vide the work order dated 28.07.2020. 2. The case of the petitioner herein is that the petitioner has completed the said work. The learned counsel for the petitioner submitted that that the petitioner successfully executed the work and accordingly submitted the bills for the said works. As per the petitioner, the petitioner is entitled to an amount of Rs. 47,94,335/-. 3. It is the case of the petitioner that the petitioner had submitted various representations to the Respondent Authorities for release of the amount due to him, however, the said amount of Rs.47,94,335/- is still pending, for which, the petitioner has approached this Court under Article 226 of the Constitution. 4. Ms. R. Deka, the learned Standing Counsel, Water Resource Department appearing on behalf of the respondents submitted that there is no denial to the fact that the work in question was not allotted to the petitioner. The learned Standing Counsel for the respondents, however, submitted that the entitlement of the petitioner would depend upon further verification to be carried out by the Respondent Authorities. 5. 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. 6. This Court, therefore, disposes of the instant writ petition with the following Page No.# 4/4 observations and directions:- i) The Respondent Authorities shall verify as to whether the petitioner had successfully executed the work, i.e. “Construction of M&BT of Kalachand Bazar approach road (L=1.60 KM) under state plan (SOPD) under PWD (R&B) Maibang Division for the year 2023-24. Estimate- I:D.K.Road (L=1.00 KM)” vide the work order dated 28.07.2020. 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 in the manner stated above, it is found that the petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the petitioner. iv) The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent No.4, i.e. the Additional Chief Engineer, PWD (R&B) Hills, Assam, Haflong. JUDGE Comparing Assistant