Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010154352025
2025:GAU-AS:16224
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4100/2025 ASHIT CH DEY S/O- LATE ABINASH CH. DEY.
R/O- SIDDHESWAR PART II, P.O AND P.S- KATIGORAH, DIST-CACHAR, ASSAM, PIN-788805, VERSUS THE STATE OF ASSAM AND ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DISPUR, GUWAHATI-6.
2:THE CHIEF ENGINEER (PHE) WATER ASSAM HENGRABARI GUWAHATI-36.
3:THE ADDITIONAL ENGINEER (PHE) BARAK VALLEY ZONE GHANGOOR SILCHAR-14 4:THE SUPERINTENDING ENGINEER (PHE) CACHAR CIRCLE SILCHAR 5:THE MISSION DIRECTOR JJM HENGRABARI GUWAHATI-36
Page No.# 2/4 6:THE DISTRICT MISSION DIRECTOR JJM CUM EXECUTIVE ENGINEER (PHE) SILCHAR (PHE) DIV. 1 CACHAR 7:THE ASSISTANT EXECUTIVE ENGINEER (PHE) SILCHAR SUB-DIV. 1 SILCHAR 8:THE CHAIRMAN DWSM- CUM DISTRICT COMMISSIONER CACHAR SILCHA
Advocate for the petitioner(s): Ms. SB Choudhury
Advocate for the respondent(s):Mr. D Gogoi, Standing Counsel, PHE Ms. U Das, Addl. Senior Govt. Advocate
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH
ORDER 26.11.2025
Heard Ms. S. B. Choudhury, the learned counsel appearing on behalf of the petitioner. Mr. D. Gogoi, the learned Standing Counsel, who appears on behalf of the PHE Department and Ms. U. Das, the learned Additional Senior Government Advocate for the State respondents.
2. The petitioner herein has filed the instant writ petition being aggrieved by the non-payment of an amount of Rs.1,86,506/- in respect to the work order for
Page No.# 3/4 providing FHTC from Lakhipur Water Supply Scheme under Silchar (PHE) Division No.1, Silchar for implementation of JJM 2020-21 (60 Nos.).
3. The materials on record show that though the petitioner was required to complete the said work within a period of 30 days from the date of the work
order, the same was completed only in the year 2023.
4. It is the case of the petitioner that after successful completion of the work, the respondent authorities though accepted the work, but did not pay the dues and it is under such circumstances, the petitioner has approached this Court.
5. Pursuant to the filing of the instant writ petition, the respondent No.7 has filed an affidavit-in-opposition, wherein the amount of Rs.1,86,506/- payable to the petitioner is duly admitted. However, it is the stand of the respondents that the payment, which was to be made to the petitioner was to be processed through an online bill submission portal. Taking into account that the work was completed in the year 2023, the online bill submission portal for the concerned work i.e., Scheme Monitoring Tool (SMT) portal was closed for the concerned work under the Jal Jeevan Mission (JJM) in the year 2022. It was further stated that on account of the closure of the online bill portal, the respondents are not in a position to make the payment.
6. It is the opinion of this Court that as the amount has been duly admitted and the fact that the petitioner had carried out the work to the satisfaction of the respondents is not in denial, the petitioner should be paid the amount of Rs.1,86,506/-.
7. Accordingly, the instant writ petition stands disposed of with the following observations and directions:
Page No.# 4/4 (i). The petitioner is entitled to the amount of Rs.1,86,506/- from the respondent authorities jointly and severely. (ii). The respondent No. 5 is directed to take effective steps for payment of the said amount of Rs.1,86,506/- to the petitioner within a period of 3(three) months from the date a certified copy of the instant order is served upon the respondent No.5.
8. With above, the instant writ petition stands disposed of.
JUDGE Comparing Assistant