Page No.# 1/4 GAHC010233522024 2025:GAU-AS:6903 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5840/2024 HIFZUR RAHMAN MAZAR BHUIYA SON OF LATE NAZIBUR RAHMAN MAZAR BHUIYA, RESIDENT OF TARAPUR, MAZUMDER BAZAR, P.O.- TARAPUR, SILCHAR, DISTRICT- CACHAR, ASSAM, PIN- 788003 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR, GUWAHATI-6 2:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6 3:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT BASISTHA GUWAHATI- 29 ASSAM 4:THE JOINT SECRETARY AND DEPUTY CEO ASSAM STATE DISASTER MANAGEMENT AUTHORITY ANCILLARY BLOCK DISPUR GUWAHATI-6 5:THE DEPUTY COMMISSIONER/ DISTRICT COMMISSIONER CUM CHAIRPERSON DISTRICT DISASTER MANAGEMENT AUTHORITY CACHAR Page No.# 2/4 SILCHAR 6:THE ADDITIONAL CHIEF ENGINEER WATER RESOURCE DEPARTMENT BARAK VALLEY ZONE SILCHAR CACHAR ASSAM 7:THE EXECUTIVE ENGINEER SILCHAR WATER RESOURCE DIVISION CACHAR SILCHA Advocate for the Petitioner : MR. D CHAKRABARTY, MS D.CHAKRABARTY Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 29-05-2025 Heard Mr. D Chakrabarty, learned counsel for the petitioner. Also heard Mr. S Dutta, learned counsel for the respondent Nos. 2 & 4; Ms. D Jain, learned counsel for the respondent Nos. 1, 3, 6 & 7 as well as Mr. M Chetia, learned counsel for the respondent No. 5. 2. The petitioner has prayed for payment of his contractual dues in respect of the work done by the petitioner under 4 (four) schemes, which are as follows:- (a) Immediate measures to stop flood water of Borak River on its L/B at Sonabarighat near Bypass under SDRF for the year 2022-23, (b) Immediate measures to stop flood water of Barak River on its L/B at Sonabarighat near Public Health Barge under SDRF for the year 2022-23, (c) Immediate measures for restoration of flood damage at the dyke along L/B of Borak from Uttarkrishnapur to Tarapur at Cut portion under SDRF for the year 2022- 23 (Bethukandi closing) and (d) Immediate measures for restoration flood damages of Page No.# 3/4 reclamation of flood affected area near Shibbari Ph-III, Mazumder Bazar, Kashipur, Topkhana the dyke along L/B of Borak river from Tarapur to Masimpur under SDRF for 2022-23, amounting to Rs. 52,51,888/-. 3. 52,51,888/-. 3. The petitioner’s counsel submits that as the verification of the work done by the petitioner has been done by the respondent No. 2, who is the sanctioning authority, therefore, the respondent No. 2 would have to pay the contractual dues of the petitioner. 4. Mr. M Chetia, learned counsel for the respondent No. 5 submits that a verification of the work done by the petitioner against the 4 (four) schemes have been undertaken by the District Commissioner and the Water Resource Department and it was found that the petitioner was entitled to the payment of his claim amounting to Rs. 52,51,888/-. 5. Mr. S Dutta, learned counsel for the respondent Nos. 2 & 4 submits that the verification of the petitioner’s contractual work in respect of the 4 (four) schemes had been undertaken. However, due to temporary unavailability of FinAssam portal of the Government of Assam at the end of the last financial year, i.e., 2024-2025, the petitioner’s bills could not be processed. As such, the said bill of the petitioner are once again being processed in the current financial year, i.e., 2025-2026. 6. I have heard the learned counsels for the parties. 7. The submissions made by the counsels for the parties and a perusal of the affidavit filed by the respondent Nos. 2 goes to show that the respondents have admitted that they are liable to pay the petitioner an amount of Rs. 52,51,888/- for the contractual works under taken under the 4 (four) schemes. However, the bills of the petitioner could not be paid during the last financial year due to a temporary unavailability of FinAssam portal of the Government of Assam. However, the petitioner’s bills are once again being processed in the current financial year, i.e., 2025-2026 for payment. Page No.# 4/4 8. In view of the admission by the respondents that they are liable to pay to the petitioner the contractual dues amounting to Rs. 52,51,888/-, the respondents, especially respondent Nos. 2 & 4 are directed to pay the petitioner the admitted amount, within a period of 3 (three) months from the date of receipt of a certified copy of this order. 9. The writ petition is disposed of accordingly. 10. Registry is directed to place the affidavit of the respondent No. 2 in the records. JUDGE Comparing Assistant