Extracted from the PDF above. The PDF is authoritative.
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)/7448/2022 JHANTU GHOSH S/O- LATE SURENDRA NATH GHOSH
R/O- KOKRAJHAR WARD NO-9 THANAPARA
P.O P.S AND DIST- KOKRAJHAR ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM WATER RESOURCES DEPARTMENT ASSAM DISPUR GUWAHATI-781006 2:THE ADDL. CHIEF ENGINEER KOKRAJHAR ZONE W.R DEPTT BTC KOKRAJHAR 3:THE EXECUTIVE ENGINEER KOKRAJHAR W.R DIVISION KOKRAJHAR ASSAM 4:THE ASSTT. EXECUTIVE ENGINEER KOKRAJHAR / GOSSAIGAON
Page No.# 2/3 W.R SUB DIVISION KOKRAJHAR ASSAM ------------ Advocate for : MS. A TALUKDAR Advocate for : SC WATER RESOURCE appearing for THE STATE OF ASSAM AND 3 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. 1,82,724/- (Rupees one lakh eighty two thousand seven hundred and twenty four) only. 3. It is the case of the petitioner that a formal work order dated 12.02.2020 vide No. KWRD/W/3/M&R/2019-20/234 was issued by the Executive Engineer, Kokrajhar Water Resources Division, Kokrajhar for the work of maintenance and repairing to office building of Water Resources Complex, Kokrajhar for the year 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 Rs. 1,82,724/- 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 work of maintenance and repairing to office building of Water Resources Complex, Kokrajhar for the year 2019-20, in
Page No.# 3/3 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