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)/7446/2022 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 3 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. KOKRAJHAR. 3:THE EXECUTIVE ENGINEER CHIRANG W.R. DIVISION KAJOLGAON ASSAM. 4:THE ASSTT. EXECUTIVE ENGINEER CHIRANG W.R. SUB-DIVISION Page No.# 2/3 BASUGAON ASSAM Advocate for the Petitioner : MS. A TALUKDAR, MS. J DEVI,S BORA Advocate for the Respondent : SC, WATER RESOURCE, MS. R B BORAH,SC, BTC 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. 3,97,719/- (Rupees three lakhs ninety seven thousand seven hundred and nineteen) only. 3. It is the case of the petitioner that a verbal work order dated 22.06.2020 was issued by the office of the Executive Engineer for the work of maintenance & repairing to protect village Jharbari from the erosion of river Saralbhanga on L/B (Ch. 5800-6500M) for 2020-21 in favour of him. Thereafter, on 26.02.2021 a formal work order was issued by the Executive Engineer, Kokrajhar Water Resources Division, Kokrajhar for the aforesaid allotted work. 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. 3,97,719/- 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 Page No.# 3/3 regard to the non payment of bills for the work of M&R to protect village Jharbari from the erosion of river Saralbhanga on L/B (Ch. 5800-6500M) for 2020-21, 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. 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