Page No.# 1/3 GAHC010179432023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5503/2023 RABINDRA CHHAWCHHARIA S/O LATE GIRIDHARI LAL CHHAWCHHARIA R/O KAMAKHYA APARTMENT 5TH FLOOR REHABARI P.S.-PALTANBAZAR GUWAHATI-8 DIST- KAMRUP (M) 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 GOVT. OF ASSAM CHANDMARI GUWAHATI-3 4:THE SUPERINTENDING ENGINEER WATER RESOURCES DEPARTMENT SOUTHERN ASSAM (W.R.) CIRCLE CHANDMARI GUWAHATI-3 Page No.# 2/3 5:EXECUTIVE ENGINEER WATER RESOURCES DEPARTMENT MANGALDAI W.R. DIVISION MANGALDAI ------------ Advocate for : MR. D K JAIN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 03.03.2025 . 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.16,29,624/- (Rupees sixteen lakh twenty nine thousand six hundred twenty four) only, on account of the contract works i.e. raising and strengthening of Bornadi L/B embankment from Patgirichuba to R.K. Embankment (Ch.-0 m. to 20000 m.), under Flood Management Programme, vide order dated 30.10.2015 and executed by the petitioner, as per the allotment order. 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 Page No.# 3/3 works under the Executive Engineer, Water Resources Department was awarded the work as stated above and after completion of the said works, the petitioner submitted the bill amounting to Rs.16,29,624/- (Rupees sixteen lakh twenty nine thousand six hundred twenty four) only. However, the respondent authorities have failed to pay the said 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 found 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.16,29,624/- (Rupees sixteen lakh twenty nine thousand six hundred twenty four) only 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. The writ petition stands disposed in above terms. JUDGE Comparing Assistant