Page No.# 1/5 GAHC010245002024 2025:GAU-AS:6904 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6210/2024 MIRZA GALIB MAZAR BHUIYA S/O- HIFZUR RAHMAN MAZAR BHUIYA, R/O- TARAPUR, MAZUMDER BAZAR, P.O. TARAPUR, SILCHAR, DIST. 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 PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6. 3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GHY-6. 4:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT BASISTHA GUWAHATI-29 ASSAM Page No.# 2/5 5:THE DEPUTY COMMISSIONER/ DISTRICT COMMISSIONER CUM CHAIRPERSON DISTRICT DISASTER MANAGEMENT AUTHORITY CACHAR SILCHAR. 6:THE ADDITIONAL CHIEF ENGINEER WATER RESOURCE DEPARTMENT CACHAR AND HILLS SILCHAR CACHAR ASSAM 7:THE EXECUTIVE ENGINEER SILCHAR WATER RESOURCE DIVISION CACHAR SILCHAR Advocate for the Petitioner : MR. D CHAKRABARTY, MS D.CHAKRABARTY Advocate for the Respondent : GA, ASSAM, SC, WATER RESOURCE,SC, REVENUE 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 & 3; Ms. D Jain, learned counsel for the respondent Nos. 1, 4, 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 amounting to Rs. 4,33,161/- for completion of his work in relation to “Immediate measures for restoration Page No.# 3/5 of flood damages (cut) of Uttarkrishnapur to Tarapur Dyke including at Bethukandi for flood damages of river Borak under SDRF for 2022-23. 3. Mr. S Dutta, learned counsel for the respondent Nos. 2 & 3 submits that the verification of the petitioner’s contractual work in respect of the scheme 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. He has also submitted a letter ECF No.591534/I/1021041/2025 dated 03.04.2025 issued by the Joint Secretary to the Government of Assam, Revenue & Disaster Management Department, which is to the effect that the petitioner’s bill would be processed after the same is processed in the current financial year 2025-2026. 4. Ms. D Jain, learned counsel for the respondent Nos. 1, 4, 6 & 7 as well as Mr. M Chetia, learned counsel for the respondent No. 5 submit that they have no comments to make, as the authority to make the payment are respondent Nos. 2 & 3. 5. I have heard the learned counsels for the parties. 6. The contents of the letter dated 03.04.2025 issued by the Joint Secretary to the Government of Assam, Revenue & Disaster Management Department is made a part of the record and marked as “Annexure-X” are as follows:- “ECF No. 591534/1/1021041/2025 Dated 03-04-2025 From: Shri Shyamal Kshetra Gogoi, ACS, Joint Secretary to the Govt. of Assam, Revenue & D.M. Department. Page No.# 4/5 To: Shri Satyajit Dutta, Advocate, Standing Counsel, Revenue & DM Department. Sub: W.P.(C) No 6210/2024 (Mirza Galib Mazar Bhuiya vs. The State of Assam& ors.)-reg. Sir. In inviting a reference to the subject cited above, I am directed to say that due to closure of finassam portal, ceiling proposal for release of fund against the scheme "Immediate measures for restoration of flood damages (cut) of Uttarkrishnapur to Tarapur Dyke including at Bethukandi for flood damages of river Borak under SDRF for 2022-23" could not be submitted to Finance Deptt during FY 2024-25 on time. Hence, the process of release of bill against the said proposal will be processed in the current Financial Year i.e. 2025-26. This is for favour of your kind information and necessary action. Yours faithfully Digitally signed by SHYAMAL KSHETRA GOGOI Joint Secretary to the Govt. of Assam Revenue & DM Deptt.” 7. The affidavit of the respondent No. 2 shows that the respondents have not denied that they are liable to pay the petitioner his contractual dues, which amounts to Rs. 4,33,161/-. 8. In view of the admission made by the respondents that they are liable to pay the petitioner the amount claimed by him, the same should be done by the respondent Nos. 2 & 3, 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. Page No.# 5/5 10. Registry is directed to place the affidavit of the respondent No. 2 in the records. JUDGE Comparing Assistant