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2025 DAILYLAW 24816 (GAU)

ASHUTOSH CHAKRABARTY v. THE STATE OF ASSAM AND 6 ORS.

WP(C)/3418/2020 · 2025-11-30

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010114072020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3418/2020 ASHUTOSH CHAKRABARTY S/O- LT. DHIRENDRA CHAKRABARTY, R/O- VILL- SELAIMARI, P.O. KHOIRABARI, DIST.- UDALGURI, ASSAM, PIN- 784522 VERSUS THE STATE OF ASSAM AND 6 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, WATER RESOURCE DEPTT., ASSAM, DISPUR, GHY-06 2:THE CHIEF ENGINEER WATER RESOURCE DEPTT. ASSAM CHANDMARI GHY-03 3:THE ADDL. CHIEF ENGINEER KOKRAJHAR ZONE WATER RESOURCE DEPTT. B.T.C. KOKRAJHAR ASSAM- 783370 4:THE EXECUTIVE ENGINEER KOKRAJHAR WATER RESOURCE DIVISION KOKRAJHAR PATHARGHAT P.O. SANTINAGAR DIST.- KOKRAJHAR ASSAM 783370 5:THE SUB-DIVISIONAL OFFICER WATER RESOURCE SUB-DIVISION TAMULPUR BAKSA ASSAM- 781367 Page No.# 2/3 6:THE JUNIOR ENGINEER WATER RESOURCE SUB-DIVISION TAMULPUR BAKSA ASSAM- 781367 7:THE BODOLAND TERRITORIAL COUNCIL (BTC) REPRESENTED BY ITS PRINCIPAL SECRETARY KOKRAJHAR ASSAM For the petitioner (s) : Mr. K. Singha, Advocate For the respondent (s) : Ms. B. Bhuyan, Sr. Advocate Mr. R. M. Das, SC, Water Resources BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 01.12.2025 Heard Mr. K. Singha, the learned counsel appearing on behalf of the petitioner. Ms. B. Bhuyan, the learned Senior Counsel appears on behalf of the BTC and Mr. R. M. Das, the counsel appears on behalf of the Water Resources Department. 2. It is seen that, pursuant to the order passed by this Court on 10.11.2025, an affidavit-in-opposition has been filed by the respondent No.2, i.e. the Chief Engineer, Water Resource Department. In the said affidavit-in-opposition, it is categorically admitted that the petitioner herein is entitled to an amount of Rs.9,21,842/-. To the said affidavit-in-opposition, the Consolidated Chronological Lists have also been enclosed. It is seen that in respect to the Consolidated List-1, the total liability amount is Rs.185,798,064/-, of which payment has been made in Page No.# 3/3 partial as well as full. In respect to the Consolidated List-2, which is relevant for the purpose of the present case, the total outstanding liability of the BTC is Rs.170,075,605/-. It is also seen from the said Consolidated List-2 that the petitioner's name appears at Serial Nos.1, 2 & 3. 3. It has also been submitted that whenever payments are made from the Consolidated List-2, the petitioner would be the first to receive the amount taking into account that the petitioner's name appears at Serial Nos.1, 2 & 3. 4. Taking into account the same to be an undertaking before this Court, this Court therefore closes the instant writ petition with a direction that whenever the Respondent Authorities take steps for payment of the due liabilities in terms with the Consolidated List-2, the petitioner's dues should be cleared first. 5. The instructions placed by Ms. B. Bhuyan, the learned Standing Counsel of the BTC is kept on record and marked as "X". JUDGE Comparing Assistant