FAKRUL ISLAM KHANDKAR v. THE STATE OF ASSAM AND 5 ORS
WP(C)/6300/2025 · 2025-11-09
Devashis Baruah
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 26335 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26335 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010240962025
2025:GAU-AS:15095
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6300/2025 FAKRUL ISLAM KHANDKAR S/O- LATE FAZLUR RAHMAN, R/O- HOUSE NO. 100, ANUPAM NAGAR, P.O.
AND P.S. HATIGAON, DIST. KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PWD (BLDG) DEPARTMENT, DISPUR, GHY-6.
2:THE DIRECTOR HEALTH AND FAMILY WELFARE GOVERNMENT OF ASSAM HENGRABARI GUWAHATI-36.
3:THE CHIEF ENGINEER PWD (BLDG) ASSAM GUWAHATI-03.
4:THE EXECUTIVE ENGINEER PWD GUWAHATI BLDG. DIVN. NO. II DISPUR GHY-06.
5:THE EXECUTIVE ENGINEER PWD MEDICAL COLLAGE AND HOSPITAL CONSTRUCTION DIVISION
Page No.# 2/3 FANCY BAZAR KAMRUP METRO GUWAHATI-01.
6:THE SECRETARY OF FINANCE DEPARTMENT DISPUR GHY-06 For the Petitioner(s) : Mr. S. Islam, Advocate
For the Respondent(s) : Mr. B. Gogoi, Addl. Advocate General, Assam
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER Date : 10.11.2025
Heard Mr. S. Islam, the learned counsel appearing on behalf of the Petitioner and Mr. B. Gogoi, the learned Additional Advocate General, Assam as well as the Standing counsel of all the Departments which have been arrayed as a party to the instant proceedings.
2. The Petitioner herein is aggrieved by the non-payment of an amount of Rs.2,61,601/- to which the Petitioner claims to be entitled to on the basis of the works carried out by the Petitioner pursuant to a formal work
order issued on 30.06.2014.
3. The materials on record show that the Petitioner completed the work on 29.07.2014 and there is also a financial sanction being granted by the Government of Assam, Health and Family Welfare (B) Department for payment of the amount of Rs.2,61,601/- to the Petitioner. However, the said payment was not made to the Petitioner and as such the Petitioner has approached this Court by filing the present writ petition.
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4. The record reveals that the Petitioner pursuant to the completion of work as well as the financial sanction so granted has not approached the proper authority as has been submitted by Mr. B. Gogoi, the learned Additional Advocate General, Assam inasmuch as the authority to whom the Petitioner ought to have approached is the Director of Medical Education, Assam.
5. Mr. S. Islam, the learned counsel appearing on behalf of the Petitioner submits that he may be permitted to withdraw the instant writ petition and submit a representation to the Director of Medical Education, Assam.
6. Taking into account the above, the instant writ petition stands closed on withdrawal.
7. Liberty however is given to the Petitioner to submit representation to the Director of Medical Education, Assam for releasing the amount of Rs.2,61,601/- to the Petitioner.
8. Mr. S. Islam, the learned counsel appearing on behalf of the Petitioner submits that the Petitioner would do so within a period of 30 days from today.
JUDGE Comparing Assistant