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2025 DAILYLAW 24434 (GAU)

NITUL BARUAH v. THE STATE OF ASSAM AND 4 ORS

WP(C)/4639/2024 · 2025-11-09

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010186912024 2025:GAU-AS:15220 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4639/2024 NITUL BARUAH S/O SRI DHARMESWAR BARUAH, RESIDENT OF KHONACHUK GAON GARAMUR SATRA, GARAMUR, DIST JORHAT, ASSAM 785104 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR GUWAHATI 06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI 06 3:THE DISTRICT COMMISSIONER DIST MAJULI ASSAM 785104 4:THE EXECUTIVE ENGINEER MAJULI W.R DIVISION GARAMUR DIST MAJULI ASSAM 785104 5:THE SUPERINTENDING ENGINEER NORTH LAKHIMPUR W.R CIRCLE DIST NORTH LAKHIMPUR ASSAM 78700 Page No.# 2/4 Advocate for the petitioner(s): Mr. D Borah Advocate for the respondent(s): Mr. R Barpujari for Revenue Deptt. Mr. K Gogoi for respondent No.3 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 10.11.2025 The instant writ petition has been filed by the petitioner challenging the inaction on the part of the respondent authorities in releasing the dues to which the petitioner is entitled to upon completion of the works allotted to him by the Executive Engineer, Majuli W.R. Division, Garamur dated 30.11.2018 and another dated 24.09.2019 alloted by the Superintending Engineer, North Lakhimpur W.R. Circle, North Lakhimpur. 2. The case of the petitioner herein is that he has duly completed the said work, and in that regard, the Deputy Commissioner, Majuli, vide letter dated 20.11.2019, submitted the work completion report to the Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department. The learned counsel for the petitioner submitted that after completion of the work, the petitioner submitted his bills along with all necessary documents before the Executive Engineer, Majuli W.R. Division, Garamur, and the Superintending Engineer, North Lakhimpur W.R. Circle, North Lakhimpur. However, the amount of Rs.14,15,419/- has remained unpaid to the Page No.# 3/4 petitioner till date. It is under such circumstances, the instant writ petition has been filed. 3. Mr. R. Barpujari, the learned Standing Counsel appearing on behalf of the Revenue Department submitted that there is no denial to the fact that the work in question was not allotted to the petitioner. The learned Standing Counsel however submitted that the entitlement of the petitioner would be dependent upon further verification to be carried out by the Respondent Authorities. 4. Upon perusal of the materials on record, this Court is of the opinion that if the petitioner had completed the work in question, the petitioner would be entitled to the amount as claimed. However, for the same, verification on the part of the Respondent Authorities would be required. 5. This Court, therefore, disposes of the instant writ petition with the following observations and directions:- i) The Respondent Authorities shall verify as to whether the petitioner had successfully executed the works, as per the work orders dated 30.11.2018 and 24.09.2019. ii) The Respondent Authorities shall also verify as to whether the petitioner had submitted the requisite documents which are required for the purpose of releasing the outstanding amount as claimed by the petitioner. iii) The Respondent Authorities shall also verify the entitlement of the petitioner to the outstanding dues, and if upon verification in the manner stated above, it is found that the petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the petitioner. iv) The said exercise be completed within a period of 6 (six) months from the date a certified copy of the instant judgment is served upon the Page No.# 4/4 respondent No.2, i.e. the Commissioner & Secretary to the Government of Assam, Revenue and Disaster Management Department. JUDGE Comparing Assistant