Page No.# 1/4 GAHC010247782024 2025:GAU-AS:12216 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6357/2024 MD. NURUL ISLAM MAZUMDAR S/O- LATE ALHAJ AFTAB UDDIN MAZUMDER, RESIDENT OF SONAI ROAD, SILCHAR, P.S.-SILCHAR- 788006, DIST.- CACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF IRRIGATION, DISPUR, GUWAHATI-6, DIST.- KAMRUP 2:THE COMMISSIONER AND SECRETARY DEPARTMENT OF FINANCE GOVT. OF ASSAM DISPUR GUWAHATI-6. 3:THE CHIEF ENGINEER MINOR IRRIGATION CHANDMARI GUWAHATI-3 DIST.- KAMRUP(M). 4:THE ADDITIONAL CHIEF ENGINEER (ZONE-V) SILCHAR DISTRICT- CACHAR ASSAM. 5:THE SUPERINTENDING ENGINEER IRRIGATION CACHAR CIRCLE Page No.# 2/4 SILCHAR-788001 CACHAR ASSAM. 6:THE EXECUTIVE ENGINEER IRRIGATION LAKHIPUR DIVISION CAMP AT KANAKPUR SILCHAR-6 DIST.- CACHAR ASSAM Advocate for the petitioner(s): Mr. T Sk. Advocate for the respondent(s): Mr. N Upadhyay Standing Counsel Irrigation Department, Govt. of Assam B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 08.09.2025 Heard Mr. T Sk. the learned counsel appearing on behalf of the petitioner. Also heard Mr. N Upadhyay, the learned Standing Counsel, Irrigation Department, Govt. of Assam. 2. The instant writ petition has been filed by the Petitioner challenging the inaction on the part of the Respondent Authorities in releasing the remaining outstanding bill amounting to Rs.27,08,683/- to which the Petitioner is entitled to in respect of completion of the scheme namely, Tilka Nala Flow Irrigation Page No.# 3/4 Scheme under AIBP during the year 2013-14. 3. The case of the Petitioner herein is that the petitioner was allotted the aforesaid work at a value of Rs.4,94.51000/-. The petitioner received the running bills for the work executed by the petitioner and the petitioner completed the said work to the satisfaction of the respondent authority and a completion certificate was duly issued by the respondent No.6 i.e. the Executive Engineer, Irrigation, Lakhipur Division, Camp at Kanakpur, Silchar by stating that the work was completed on 14.01.2017. It is the further case of the petitioner that since the petitioner had successfully and satisfactorily completed the contract work awarded to him within the stipulated time, the respondents are duty bound to pay the contract bill to the petitioner. However till date, the outstanding remaining dues have not been released to the petitioner. 4. Though the petitioner had represented before the authorities from time to time for release of the aforesaid outstanding dues, but the same had yielded no result. Consequently, finding no other alternatives, the petitioner has approached this Court by way of the instant writ petition. 5. Mr. N Upadhyay, the learned Standing Counsel, Irrigation Department submitted that there is no denial to the fact that the construction work in question was issued to the Petitioner. The learned Standing Counsel, however, submitted that the entitlement of the Petitioner would depend upon verification to be carried out by the Respondent Authorities. 6. Upon perusal of the materials on record, this Court is of the opinion that if the Petitioner had completed the above-mentioned works, the Petitioner would be entitled to the amount. However, for the same, verification on the part of the Respondent Authorities would be required. Page No.# 4/4 7. This Court, therefore, disposes of the instant writ petition with the following observations and directions:- i) The Respondent Authorities shall verify as to whether the petitioner had successfully executed the work, i.e. completion of the scheme namely, Tilka Nala Flow Irrigation Scheme under AIBP during the year 2013-14. 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.6, i.e. the Executive Engineer, Irrigation, Lakhipur Division, Camp at Kanakpur, Silchar, Cachar. JUDGE Comparing Assistant