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2025 DAILYLAW 28072 (GAU)

MUSTAFIZUR RAHMAN v. THE STATE OF ASSAM AND 2 ORS

WP(C)/1779/2023 · 2025-10-23

Rajesh Mazumdar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010067802023 2025:GAU-AS:14131 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1779/2023 MUSTAFIZUR RAHMAN S/O LATE MUKHLESWAR RAHMAN, R/O FOUZDARY PATTY, KATHMIL CHARIALI, THOGISUTH PATH, NEAR DREM GHY, P.O. AND P.S.-NAGAON, DIST-NAGAON, ASSAM, PIN-782001 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SPECIAL COMMISSIONER AND SPL. SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS (B AND NH) DEPARTMENT, BLOCK B, GROUND FLOOR, ASSAM SECRETARIAT, DISPUR, GUWAHATI- 781006 2:CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (NH) PWD (NH WORKS) ASSAM CHANDMARI GUWAHATI-781003 3:THE EXECUTIVE ENGINEER PWD NAGAON NH DIVISION NAGAON PIN-78200 Advocate for the Petitioner : MR. S S S RAHMAN, MS B H SHIRIN,H. BHARALI,MS S Z HAYAT,MR. M R SODIAL,MS B BAISHYA Advocate for the Respondent : SC, PWD, GA, ASSAM Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 24-10-2025 Heard Mr. S. S. S. Rahman, learned counsel appearing for the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate appearing for all the respondents. 2. This writ petition had been filed by the petitioner praying for direction to the respondents to release a sum of Rs. 19,70,704/- (Rupees Nineteen Lakhs Seventy Thousand Seven Hundred Four) which were required to be paid by the respondents as government liabilities under the PWD Nagaon NH Division, Nagaon for different works done by the petitioner from April, 2012 to March 2017. 3. By the last order dated 06.08.2025, the learned Standing counsel, PWD had submitted that there is an amalgamation of more than one work order in the present petition and therefore, he would like to receive instructions in the matter from the concerned authority. Accordingly 4 (four) weeks time was granted to enable him to get his instructions. 4. Mr. S.S.S. Rahman, learned counsel for the petitioner has submitted that this writ petition may be disposed of by directing the respondent authorities to make necessary verification regarding his claim and the respondent authorities may be directed to disburse the admitted amount within a time frame. Page No.# 3/3 5. Mr. D. Nath, learned Senior Government Advocate has submitted that he does not have any objection if the respondents are allowed to verify the claims made by the writ petitioner and sufficient time is allowed to disburse any admitted amount to the petitioner. 6. Accordingly, this writ petition is disposed of by directing the respondents to verify the claims made by the writ petitioner regarding the works executed by him and the amount which is remained to be paid to him. The respondent authorities shall conduct the enquiry and make the requisite payment of the admitted amount to the petitioner within a period of 4 (four) months from the date of receipt of a certified copy of this order. 7. The petitioner shall furnish copy of the writ petition along with the certified copy of this order to the respondents, for convenience of the respondents. 8. Disposal of this writ petition will not preclude the petitioner from raising any grievance against the findings of the respondents regarding the claims of the work completion and payments to be made. 9. The writ petition is accordingly disposed of. JUDGE Comparing Assistant