Page No.# 1/4 GAHC010265782024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6919/2024 NAZIR HUSSAIN LASKAR SON OF LATE SAMJAD ALI LASKAR RESIDENT OF BERENGA PART III, KHILOGRAM, P.S. SILCHAR, P.O.- BERENGA, DISTRICT- CACHAR, ASSAM, PIN- 788005 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 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 5:THE SUPERINTENDING ENGINEER Page No.# 2/4 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 SILCHA Advocate for the Petitioner : MR. D CHAKRABARTY, MS D.CHAKRABARTY Advocate for the Respondent : SC, WATER RESOURCE, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER Date : 17.02.2025 Heard Mr. D. Chakrabarty, learned counsel for the petitioner. Also heard Mr. D.K. Jain, learned Standing Counsel, Water Resource Department for the respondent. Petitioner is aggrieved by non release of his bills by the Department for work executed and completed by the petitioner and hence this writ petition has been filed. Petitioner was awarded by work order dated 29.09.2020, the work - “A/E measures to protect Annapurna Ferry Ghat (Nathpara area) from the erosion of river Borak on its R/B (Dudhpatil Part-V)”. The petitioner thereafter proceeded to execute the work and duly completed the same. The learned counsel for the petitioner refers to the completion report issued by the Assistant Executive Page No.# 3/4 Engineer, Lakhipur-Udharbond, Water Resources Sub District, Lakhipur as well as the Executive Engineer, Cachar Water Resources Division, Silchar. The work has been also certified to be completed and executed and recommended for payment by the Additional Chief Engineer, Borak Valley Water Resources Zone. Pursuant thereto the Department has also issued a liability certificate dated 29.11.2024 wherein the total amount of Rs. 77,21,422/- has been shown to be payable to the petitioner for works executed. The notice in this matter was issued on 20.11.2024 permitting the respondent Water Resources Department to complete their instructions. Today, when the matter was called up learned Standing Counsel, Water Resources Department renews the prayer for further time since instructions have not been received. Having heard the learned counsel for the parties and upon perusal of the writ petition along with the Annexure, it is seen that the petitioner was allotted the work - “A/E measures to protect Annapurna Ferry Ghat (Nathpara area) from the erosion of river Borak on its R/B (Dudhpatil Part-V)” which the petitioner claims to have completed and completion certificate to that effect is also issued. Further a liability certificate by the Department has also been issued. From this it is evident that the Department has acknowledged the works executed by the petitioner. If that be so, then the Department is duty bound to release the bills raised by the petitioner for the works executed. However, in the absence of any admission by the Department in respect of the dues claimed by the petitioner, it will not be proper to issue specific directions for release of the bills. This Court therefore considers it appropriate to close the writ petition directing the respondent authorities more particularly Chief Engineer, Water Page No.# 4/4 Resources Department to undertake necessary process for verification and if the bill raised are found to be genuine and the works executed are stated to be as per specification, the amount reflected in the liability statement dated 29.11.2024 being Rs. 77,21,422/- (Rupees Seventy Seven Lakh Twenty One Thousand Four Hundred Twenty Two only) should be released. If the work is found to be completed, all steps will be taken by the Department for sending proposals for requisition of sufficient fund for release of the said amount. The entire exercise of verification should be completed within the period of 90 days from the date of receipt to the certified copy of this order. Further, in respect of payment of the dues towards the claimed by the petitioner raised the directions contained in Tamsher Ali and Ors Vs. State of Assam and Ors reported in 2008 (4) GLT 1, shall be implemented by the Department. This writ petition accordingly, disposed of. JUDGE Comparing Assistant