Page No.# 1/3 GAHC010215022022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6893/2022 SASHANKA SHEKHAR ROY S/O. LT. DURGA SANKAR ROY, VILL. MAIN ROAD, NEAR D.C. BUNGLOW, P.O., P.S. AND DIST. KARIMGANJ. VERSUS THE STATE OF ASSAM AND 7 ORS TO BE REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCES DEPTT., DISPUR-06, ASSAM. 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM WATER RESOURCES DEPTT. DISPUR GUWAHATI-06. 3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06. 4:THE CHIEF ENGINEER WATER RESOURCES DEPTT. CHANDMARI GUWAHATI-781003 ASSAM. 5:THE ADDL. CHIEF ENGINEER CACHAR AND HILLS WATER RESOURCES SILCHAR DIST. CACHAR. Page No.# 2/3 6:THE SUPERINTENDING ENGINEER HAILAKANDI W.R. CIRCLE HAILAKANDI. 7:THE EXECUTIVE ENGINEER CACHAR W.R. DEPTT. SILCHAR DIVN. DIST. CACHAR. 8:THE ASSTT. EXECUTIVE ENGINEER W.R. SUB DIVN. SILCHAR CACHAR Advocate for the Petitioner : MR H R A CHOUDHURY, MR. R A CHOUDHURY,MR J M SULAIMAN Advocate for the Respondent : GA, ASSAM, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 05-12-2025 Heard Mr. RA Choudhury, learned counsel for the petitioner. The learned counsel for the petitioner has drawn the attention of this Court to the communication dated 10.06.2020 issued by the Executive Engineer, Silchar Water Resources Division Silchar to impress that it is an admitted position that the petitioner is entitled to a sum of Rs. 3,77,622/- out of the total amount of bills submitted by him or works completed on the direction of the respondent authorities. We have also heard Mr. K. Gogoi, learned Addl. Sr. Government Advocate Page No.# 3/3 for the State respondents and Mr. B. Gogoi, learned Standing counsel for the Finance department. Since no affidavit-in-opposition has been filed from the year 2022 onwards despite opportunity being granted to the respondents, this case is disposed of by directing the respondent No. 2, 4 & 6 to take on record the communication dated 10.06.2020 and such other documents as may be placed by the petitioner before the said authority to cause an enquiry into the liability of the department to pay the petitioner the sum prayed for. In case, the petitioner is found entitled to the said amount, the respondents shall follow the law laid down in Tamsher Ali -versus- The State of Assam, reported in (2008) 4 GLT 1. The petitioner shall submit the certified copy of this order along with the supporting documents in regard to his claim before the respondent No.4 with the copy to the respondent No. 2 & 6 within a period of 2(two) weeks from today. The decision regarding the entitlement of the petitioner shall be taken within a period of 1(one) months thereafter with intimation to the petitioner. The payment to the petitioner shall be made in terms of the law laid down in the case of Tamsher Ali (supra). JUDGE Comparing Assistant