Page No.# 1/3 GAHC010238842025 2025:GAU-AS:15974 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6341/2025 ABU MAHAMMAD ZAKARIA S/O- LATE SICKENDAR ALI, R/O- MANGALDOI, WARD NO 2, P.O- MANGALDOI, DIST- DARRANG, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS. TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI- 06 2:THE CHIEF ENGINEER ASSAM IRRIGATION DEPARTMENT CHANDMARI GUWAHATI-3 3:THE CHIEF ENGINEER MINOR IRRIGATION ASSAM CHANDMARI GUWAHATI-3 4:THE ADDITIONAL CHIEF ENGINEER INSPECTION AND QUALITY CONTROL IRRIGATION CHANDMARI GUWAHATI-3 5:THE EXECUTIVE ENGINEER MANGALDOI DALGAON SIPAJHAR DIVISION IRRIGATION Page No.# 2/3 MANGALDOI DIST- DARRANG ASSAM PIN-784125 6:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT DISPUR GUWAHATI- For the Petitioner(s) : Mr. A. K. Azad, Advocate For the Respondent(s) : Mr. N. Upadhyay, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 24.11.2025 Heard Mr. A. K. Azad, the learned counsel appearing on behalf of the Petitioner and Mr. N. Upadhyay, the learned Standing counsel appearing on behalf of the Irrigation Department. 2. The instant writ petition has been filed by the Petitioner seeking directions upon the Respondent Authorities to refund the security deposit to the tune of Rs.3,89,084/- in respect to the work pertaining to Sukhajani F.I.S. (Ph-II) Under A.I.B.P-2013-14 (Construction of Afflux bund ch.0-650M R/S and ch.0-250M L/S) of Mangaldoi Division (I), Mangaldoi, (Group No-1 part). 3. Mr. N. Upadhyay, the learned Standing counsel appearing on behalf of the Irrigation Department submits that the work in question was not completed by the Petitioner and as such, the balance work of the aforesaid work order was withdrawn from the Petitioner and the earnest Page No.# 3/3 money etc. deposited against the work was forfeited as per the tender agreement. He further submitted that this communication was duly intimated to the Petitioner on 21.02.2023. The instruction which has been placed before this Court is kept on record and marked with the letter “X”. 4. Taking into account that vide a communication dated 21.02.2023, the earnest money etc. having already been forfeited by the Respondent Authorities, the question of any direction for payment of the security deposit cannot be made. 5. Accordingly, the instant writ petition stands dismissed. 6. Before parting with the records, this Court further observes that the dismissal of the instant writ petition shall not preclude as well as prejudice the Petitioner to approach the competent Court of Civil Jurisdiction if so advised and as permissible under law. JUDGE Comparing Assistant