Page No.# 1/4 GAHC010245022024 2025:GAU-AS:7734 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6258/2024 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 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT BASISTHA GUWAHATI- 29 ASSAM. 4:THE ADDITIONAL CHIEF ENGINEER CACHAR AND HILLS WATER RESOURCE DEPARTMENT SILCHAR CACHAR ASSAM. Page No.# 2/4 5:THE SUPERINTENDING ENGINEER SILCHAR WATER RESOURCE CIRCLE SILCHAR CACHAR ASSAM. 6:THE EXECUTIVE ENGINEER SILCHAR WATER RESOURCE DIVISION CACHAR SILCHAR. 7:THE ASSTT. EXECUTIVE ENGINEER SILCHAR WATER RESOURCE SUB-DIVISION-II CACHAR SILCHAR. 8:NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT (NABARD) REGIONAL OFFICE- GUWAHATI OPPOSITE ASSAM SECRETARIAT G.S. ROAD GUWAHATI- 781001 REPRESENTED BY THE CHIEF GENERAL MANAGER Advocate for the Petitioner : MR. D CHAKRABARTY, MS D.CHAKRABARTY Advocate for the Respondent : SC, WATER RESOURCE, SC, FINANCE DEPTT. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 12-06-2025 Heard Mr. D Chakrabarty, learned counsel for the petitioner. Also heard Ms. D Jain, learned counsel for the respondent Nos. 1, 3 to 7 as well as Mr. B Gogoi, learned counsel for the respondent No. 2. 2. The petitioner’s case is that on 25.09.2019, work order was issued in favour of the petitioner in respect of the Scheme, namely "Anti-erosion measures to Page No.# 3/4 protect Karatigram area at the dyke along R/B of Borak from S.L.P.W.D. Road to Madhuramukh". On 08.12.2020, 100% work was completed by the petitioner in respect of the aforesaid Scheme. Thereafter, on 24.12.2020, work order was issued in favour of the petitioner in respect of another Scheme, namely "Anti- erosion measures to protect Annapurna Ferry Ghat (NATHPARA) from the erosion of river Borak on its R/B (DUDTHPATIL PART- V)". On 03.02.2021, bill amounting to Rs. 84,64,117/- was raised in respect of the first Scheme. Thereafter, on 23.12.2021, 1st Running Account Bill for an amount of Rs. 1,99,88,275.31/ was raised in respect of the second Scheme. In the meanwhile, on 07.02.2022, 100% work was completed by the Petitioner in respect of the second Scheme. Thereafter, on 28.02.2022, 2nd Running Account Bill for an amount of Rs. 24,31,466.44 (Rupees Twenty Four Lakhs Thirty One Thousand Four Hundred Sixty Six and paise Forty Four) was raised in respect of the second Scheme. On 25.03.2022, the petitioner was paid an amount of Rs. 84,36,145/- only as part payment of one of the bills. An outstanding bill amount of Rs. 1,44,11,300/- only remained unpaid to the petitioner for more than 2 years. 3. As such, on 18.10.2024, the petitioner preferred representation before respondent No. 6 for issuing a Liability Certificate against both the Schemes. 4. On 22.10.2024, Liability Certificate has been issued by respondent No. 6 showing a total admitted liability of Rs. 1,44,11,300/- yet to be paid to the petitioner under both the Schemes. 5. Ms. D Jain, learned counsel for the respondent Nos. 1, 3 to 7 submits that the claim of the petitioner is not denied by the respondents and as such, Page No.# 4/4 payments can be made to the petitioner, as and when funds are made available to the respondents. 6. On perusing the orders of this Court, this Court finds that Ms. D Jain, learned counsel for the Water Resource Department had also made the same submission on 29.05.2025, which is to the effect that the claim of the petitioner was not denied by the Department. However, she needed 2 (two) weeks time to file affidavit. However, Ms. D Jain, learned counsel has not filed the affidavit till date. 7. In view of the fact that there is no denial of the petitioner’s claim by the respondents, the respondents are directed to pay to the petitioner his total outstanding bill amounting to Rs. Rs. 1,44,11,300/-, within a period of 6 (six) months from the date of receipt of a certified copy of this order. 8. The writ petition is disposed of accordingly. JUDGE Comparing Assistant