Page No.# 1/4 GAHC010250612024 2025:GAU-AS:5499 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6363/2024 PRAVEEN KUMAR GUPTA SON OF RAGHUNATH PRASAD GUPTA, RESIDENT OF VILL.- TENGABASTI, P.O.- ITAKHOLA, P.S.- SOOTEA, DISTRICT- SONITPUR, ASSAM, PIN- 784182. VERSUS STATE OF ASSAM AND 6 ORS REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF ASSAM, DISPUR. 2:THE COMMISSIONER AND SECRETARY IRRIGATION DEPARTMENT DISPUR PO- SACHIVALAYA GUWAHATI 781006. 3:THE CHIEF ENGINEER IRRIGATION DEPARTMENT DISPUR ASSAM P.O.- CHANDMARI GUWAHATI 781003. Page No.# 2/4 4:THE DEPUTY CHIEF ENGINEER IRRIGATION DEPARTMENT ASSAM PO- CHANDMARI GUWAHATI 781003. 5:THE EXECUTIVE ENGINEER ITAKHOLA DIVISION IRRIGATION DEPARTMENT ASSAM PO- ITAKHOLA 784182. 6:THE ASSISTANT EXECUTIVE ENGINEER ITAKHOLA DIVISION IRRIGATION DEPARTMENT ASSAM PO- ITAKHOLA PIN- 784182. 7:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI- 781006 Advocate for the Petitioner : MR. K SARMA, MR. S BORUAH Advocate for the Respondent : GA, ASSAM, SC, FINANCE DEPTT.,SC, IRRIGATION BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 05.05.2025 Heard Mr. K. Sarma, learned counsel for the petitioner, who submits that the petitioner’s contractual dues amounting to Rs.1,87,948/-, in respect of the allotted contractual work for construction of WC/FC and appurtenant structures at CH.435M (L/S) of D3 canal under CAD works to cover an area 13444 Ha. of Page No.# 3/4 canal D1, D2 & D3 under Bordikrai Irrigation Scheme (Ph-V) under CADWM programme for the year 2016-17, has not been paid. He submits that the total contract amount was Rs.4,76,000/- and the balance amount payable to the petitioner is Rs.1,87,948/-. 2. Mr. N. Upadhyaya, the learned counsel for the Irrigation Department submits that the petitioner has already received Rs.2,88,052/- out of the total bill value of Rs.4,71,482/- and the petitioner is to receive Rs.1,83,430/-and not Rs.1,87,948/-. Mr. Upadhyaya also submits that the para wise comments received by him has been issued by the Executive Engineer, Sootea Division (Irrigation), Sootea (Jamugurihat). 3. I have heard the learned counsels for the parties. 4. The para wise comments issued by the Executive Engineer, Sootea Division (Irrigation), Sootea (Jamugurihat) is made a part of the record and marked as Annexure-X. 5. As the respondents have admitted that the petitioner is liable to be paid Rs.1,83,430/-, as per the para wise comments made by the Executive Engineer, Sootea Division (Irrigation), Sootea (Jamugurihat), this Court is of the view that a re-verification of the claim made by the petitioner, should be done by the Chief Engineer (respondent No.3), in terms of the judgment of the Full Bench of this Court in the case of Tamsher Ali and Etc. Etc Vs. State of Assam and Ors , reported in 2008 (4) GLT 1. Accordingly, the respondent No.3 shall re- verify the claim of the petitioner and pay the admitted amount to the petitioner, within a period of 3(three) months from the date of receipt of a certified copy of Page No.# 4/4 this order. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant