NAZIR HUSSAIN LASKAR v. THE STATE OF ASSAM AND 6 ORS.
WP(C)/7026/2024 · 2025-03-25
Lanusungkum Jamir
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 22062 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22062 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010271152024
2025:GAU-AS:3461
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7026/2024 NAZIR HUSSAIN LASKAR S/O- LATE SAMJAD ALI LASKAR, R/O- BERENGA PART-III, KHILOGRAM, P.S. SILCHAR, P.O. BARENGA, DIST. 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 SILCHAR WATER RESOURCE CIRCLE SILCHAR CACHAR
Page No.# 2/3 ASSAM 6:THE EXECUTIVE ENGINEER SILCHAR WATER RESOURCE DIVISION CACHAR SILCHAR 7:THE ASSTT. EXECUTIVE ENGINEER SILCHAR WATER RESOURCE SUB-DIVISION-II CACHAR SILCHAR Advocate for the Petitioner : MR. D CHAKRABARTY, MS D.CHAKRABARTY Advocate for the Respondent : SC, WATER RESOURCE, SC, FINANCE
BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER Date : 26.03.2025
Heard Mr. D. Chakrabarty, learned counsel for the petitioner. Also heard Mr. C. Sarma, learned Standing Counsel, Water Resources Department, for the respondent No. 1, 3, 4, 5, 6 & 7 and Mr. A. Chaliha, learned Standing Counsel, Finance Department, for the respondent No. 2.
2. The petitioner was issued a Work Order on 18.05.2019 by the Executive Engineer, Silchar, Water Resource Division for “Repair and Renovation of old Badri sluice and Old Purkai sluice” under the scheme of “Constructions of sluice for additional opening over Badri River including dredging (Regrading and re- sectioning) of Purkai Nalah”. The petitioner completed the said work and accordingly a utilization certificate was issued by the Executive Engineer, Cachar WR Division countersigned by Accounts Officer, WR Division, Cachar. However, the respondents did not clear the final bill of the petitioner amounting to
Page No.# 3/3 Rs.3,15,039/- and accordingly, the petitioner made a representation before the Executive Engineer, Cachar, Water Resource Division, Silchar on 19.11.2024 for issuance of liability certificate for the work done by him.
3. Consequent thereto, the Executive Engineer, Cachar WR Division, Silchar, issued a liability certificate on 04.12.2024, showing a liability of Rs.3,15,039/- for the work done by the petitioner. However, despite issuance of the liability certificate, the outstanding dues payable to the petitioner has not been paid and accordingly, the petitioner is before this Court by way of the present writ petition.
4. Mr. C. Sarma, learned Standing Counsel, Water Resource Department, submits that the respondents may be allowed to re-verify and thereafter pay the admitted dues to the petitioner within a specific period of time.
5. Considering the submissions made by the learned Standing Counsel, Water Resource Department, this writ petition is disposed of directing the Chief Engineer, Water Resource Department/Respondent No. 3 to have a re- verification of the claim made by the petitioner and thereafter, if the claim made by the petitioner is found to be an admitted amount, the same should be paid to the petitioner within a period of 3 (three) months from the date of receipt of a certified true copy of this Court’s Order.
6. With the aforesaid observations and directions, this writ petition is
disposed of.
JUDGE Comparing Assistant