Page No.# 1/4 GAHC010268562022 2025:GAU-AS:7598 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/181/2023 TAFARJUL HUSSAIN S/O- LT. PRASAD ALI, R/O- KANIKUCHI, P.O. KANIKUCHI, P.S. RANGIA, DIST.- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY ITS COMMISSIONER AND SECY., TO THE GOVT. OF ASSAM, WATER RESOURCE DEPTT., DISPUR, GHY-06 2:THE CHIEF ENGINEER WATER RESOURCE DEPTT. GOVT. OF ASSAM CHANDMARI GHY-03 3:THE SUPERINTENDING ENGINEER PALASBARI TWON PROTECTION CIRCLE WATER RESOURCE DEPTT. BHARALUMUKH GHY-09 4:THE EXECUTIVE ENGINEER GUWAHATI WEST WATER RESOURCE DIVISION BHARALUMUKH GHY-09 5:THE DY. COMMISSIONER KAMRUP AMINGAON PIN- 781031 6:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM Page No.# 2/4 REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-0 Advocate for the Petitioner : K U AHMED, MS P SARMA Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT,MR. S DUTTA (R-6),SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 11-06-2025 Heard Mr. KU Ahmed, learned counsel for the petitioner. Also heard Ms. D Jain, learned counsel for the Water Resource Department; Mr. SR Boruah, learned counsel for the respondent No. 5 as well as Mr. S Dutta, learned counsel for the respondent No. 6. 2. Mr. K.U. Ahmed, learned counsel for the petitioner submits that the petitioner has not been paid Rs.8,77,882/-for the work done in relation to the work order No.TECH/SDRF/R/2016-17/90/67 dated 18.02.2019 issued by the respondent No.4, regarding “Immediate measures to save Rangia Town from inundation by river Baralia at different reaches under SDRF for the year 2016- 17.” 3. The respondent No.5 (District Commissioner, Kamrup, Amingaon) has submitted an affidavit dated 03.09.2024, which only speaks of the completion of the scheme and the total amount of bill payable for the said scheme amounting to Rs.4,53,87,741/-. The affidavit of the respondent No.5 has not made any Page No.# 3/4 specific averment with regard to the claim of the petitioner for payment of Rs.8,77,882/-. 4. This Court, vide order dated 28.04.2025, had directed the respondent No. 5 to submit an additional-affidavit to enable him to take a specific stand as to whether the petitioner was eligible to be paid Rs.8,77,882/-, in terms of the work order dated 18.09.2019. 5. The Additional District Commissioner-cum-CEO (respondent No.5) had thereafter issued a letter dated 28.05.2025 to the Executive Engineer, Kamrup Rural Water Resources Division, stating that the Executive Engineer was to provide the necessary instruction taking a specific stand, as to whether the petitioner was entitled to be paid Rs.8,77,882/- for the work alleged to have been done by him. 6. Today, Ms. D Jain, learned counsel has submitted a letter dated 02.60.2025 issued by the Executive Engineer, Kamrup Rural Water Resources Division, Bharalumukh, Guwahati, which is addressed to the District Commissioner, Kamrup, Amingaon, to the effect that the petitioner was entitled to his contractual dues of Rs.8,71,237/- against the work “Immediate measures to save Rangia Town from inundation by river Baralia at different reaches under SDRF for the year 2016-17.” 7. The letter dated 28.05.2025 issued by the office of the District Commissioner, Kamrup, Amingaon and the letter dated 02.06.2025 issued by the Executive Engineer, Kamrup Rural Water Resources Division, Bharalumukh clearly show that there is an admission by the respondents that they are liable Page No.# 4/4 to pay to the petitioner Rs.8,71,237/-, which is approximately Rs.6,500 less than the amount claimed by the petitioner. 8. As there is an admission that the respondents are to pay Rs.8,71,237/- to the petitioner, the respondents are directed to pay the admitted amount to the petitioner, within a period of 3 (three) months from the date of receipt of a certified copy of this order. 9. The letter dated 28.05.2025 issued by the Additional District Commissioner- cum-CEO, in relation to the office of the District Commissioner, Kamrup, Amingaon and the letter dated 02.06.2025 issued by the Executive Engineer, Kamrup Rural Water Resources Division, Bharalumukh are made a part of the record and marked as Annexure-X and Annexure-Y respectively. 10. The writ petition is disposed of accordingly. JUDGE Comparing Assistant