Page No.# 1/3 GAHC010237102022 2025:GAU-AS:16587 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7480/2022 JHANTU GHOSH S/O- LATE SURENDRA NATH GHOSH RESIDENT OF - KOKRAJHAR WARD NO. 9 THANAPARA P.O. AND P.S.- KOKRAJHAR DIST- KOKRAJHAR ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCE DEPARTMENT DISPUR GUWAHATI-6. 2:THE ADDL. CHIEF ENGINEER KOKRAJHAR ZONE W.R. DEPTT. B.T.C. Page No.# 2/3 KOKRAJHAR. 3:THE EXECUTIVE ENGINEER CHIRANG W.R. DIVISION KAJOLGAON ASSAM. 4:THE ASSTT. EXECUTIVE ENGINEER CHIRANG W.R. SUB-DIVISION BASUGAON ASSAM. 5:THE SECRETARY WATER RESOURCE DEPTT. B.T.C. KOKRAJHAR ASSAM. ------------ Advocate for : MS. A TALUKDAR Advocate for : SC WATER RESOURCE appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 03.12.2025 1. Heard Ms. A. Talukdar, learned counsel appearing for the petitioner. Also heard Ms. B. Bhuyan, learned Senior Counsel assisted by Ms. R. Das, learned counsel appearing for the BTC. 2. By this writ petition, the petitioner is praying for release of outstanding dues amounting to Rs. 53,00,000/- (Rupees fifty three lakhs) only. 3. It is the case of the petitioner that a work order dated 04.02.2020 vide No. Addl. CE/KZ/WR/W/116/2020/96 was issued by the Additional Chief Engineer, Kokrajhar Zone, Water Resources Department, BTC, Kokrajhar for the scheme Page No.# 3/3 “A/E measures to protect F/E along L/B of river Beki from Bashbari to Gobardhana at village Gobardhana under SOPD BTC for 2019-20” in favour of him. After completion of the work allotted to the petitioner, he submitted his bills against the work order, however, till date, the admitted amount of 53,00,000/- due to the petitioner has not been paid. 4. Ms. B. Bhuyan, learned Senior Counsel appearing for the BTC has submitted that the matter may be remanded back to the office of the Executive Engineer, Kokrajhar W.R. Division, BTC, Kokrajhar, to verify the claim of the petitioner with regard to the non payment of bills for the scheme “A/E measures to protect F/E along L/B of river Beki from Bashbari to Gobardhana at village Gobardhana under SOPD BTC for 2019-20”, in accordance with the law laid down by the Full Bench of this Court in the case of Tamsher Ali and others –vs- State of Assam and others, reported in 2008 (4) GLT 1. 5. 5. In view of the aforesaid submissions, the matter is remanded back to the respondent authorities with a direction to verify the claim of the petitioner and thereafter make due payment as per the guideline laid down in the case of Tamsher Ali (supra). 6. Writ petition is disposed of. No costs. JUDGE Comparing Assistant