Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010154332025
2025:GAU-AS:16222
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4093/2025 ASHIT CH. DEY S/O. LT. 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 GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING (PHE) DEPARTMENT, DISPUR, GUWAHATI - 6.
2:THE CHIEF ENGINEER (PHE) WATER ASSAM HENGRABARI GUWAHATI - 36.
3:THE MISSION DIRECTOR JJM HENGRABARI GUWAHATI - 36.
4:THE ADDITIONAL ENGINEER (PHE) BARAK VALLEY ZONE GHANGOOR SILCHAR - 14.
5:THE SUPERINTENDING ENGINEER (PHE) CACHAR CIRCLE SILCHAR.
Page No.# 2/4 6:THE CHAIRMAN DWSM -CUM- DEPUTY COMMISSIONER (NOW DISTRICT COMMISSIONER) CACHAR SILCHAR.
7:THE DISTRICT MISSION DIRECTOR JJM -CUM- EXECUTIVE ENGINEER (PHE) SILCHAR (PHE) DIVISION NO. 1 CACHAR.
8:THE AEE (P.H.E) SILCHAR SUB-DIVISION NO.1 CACHAR For the Petitioner(s) : Ms. S. B. Choudhury, Advocate
For the Respondent(s) : Mr. D. Gogoi, SC, PHE : Ms. U. Das, Addl. Sr. GA, Assam
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER Date : 26.11.2025
Heard Ms. S. B. Choudhury, the learned counsel appearing on behalf of the Petitioner and Mr. D. Gogoi, the learned Standing counsel appearing on behalf of the PHE Department. I have also heard Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondent No.6.
2. The present writ petition has been filed by the Petitioner seeking a direction upon the Respondent Authorities for payment of Rs.2,50,000/-, Rs.70,000/- and Rs.18,000/- which is due to the Petitioner on account of various works completed by the Petitioner.
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3. The case of the Petitioner herein is that the Petitioner was issued a work order for implementation of Siddeswar Piped Water Supply Scheme under Silchar (PHE) Division No.1, Silchar for retrofitting under Jal Jeevan Mission, Assam on 12.05.2021. The said work order was subsequently revised vide another work order dated 01.02.2023. Though the Petitioner received various dues however an amount of Rs.2,50,000/- remained pending. In addition to that, the Petitioner has also averred in the writ petition that the Petitioner also constructed the ESR of size 70,000 litre capacity to the Siddeswar W/S Scheme including the pile cap work of Rs.70,000/- on the instructions of the site engineer of the Jal Jeevan Scheme. The Petitioner also installed the water flow meter of Rs.18,000/- which was not included in the estimate. Under such circumstances, the Petitioner is entitled to the further amounts of Rs.70,000/- and Rs.18,000/- which were not sanctioned by the concerned authority.
4. The case of Petitioner herein is that in spite of various requests being made to the Respondent Authorities, the said amounts of Rs.2,50,000/-; Rs.70,000/- and Rs.18,000/- were not paid to the Petitioner for which the present writ petition has been filed.
5. An affidavit-in-opposition was filed on 25.11.2025 wherein a verification report have been enclosed stating inter alia that there is no claim due to the Petitioner. In addition to that, it is also mentioned that the work order for Bulk Flow meter have already been issued vide Work
Order No.EE/PHE/TB-427(B)/2025-26/2709 dated 05.09.2025.
6. From the stand so taken by the Respondent Authorities, it is therefore apparent that the Respondent Authorities have denied that the Petitioner is entitled to any amount that too after carrying out the
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7. Under such circumstances, this Court is not inclined to issue any writ as has been sought for as there is no admission on the part of the Respondent Authorities to make the payment.
8. Accordingly, the instant writ petition stands dismissed.
9. Before parting with the records, this Court however observes that the dismissal of the instant writ petition shall not prejudice as well as preclude the Petitioner to approach the competent Court of Civil Jurisdiction, if so otherwise permissible under law.
JUDGE Comparing Assistant