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2025 DAILYLAW 2975 (GAU)

RAJANI CHETIA v. THE STATE OF ASSAM AND 6 ORS.

WP(C)/6367/2025 · 2026-02-11

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010235692025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6367/2025 RAJANI CHETIA S/O GHANA KANTA CHETIA, R/O SUNPURA TINIALI BORKOLA, NAZIRA, P.O.- GARHGAON, P.S.- SIMLAGURI, PIN-785685, DIST- SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR, GUWAHATI-6 2:GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT (GENERAL) DEPARTMENT DISPUR GUWAHATI-6 3:DISTRICT COMMISSIONER SIVASAGAR ASSAM PIN-785640 4:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT ASSAM BASISTHA GUWAHATI-29 5:THE SUPERINTENDENT ENGINEER SIVASAGAR CIRCLE WATER RESOURCE DEPARTMENT SIVASAGAR-785640 6:THE EXECUTIVE ENGINEER SIVASAGAR WATER RESOURCE DIVISION Page No.# 2/4 SIVASAGAR PIN-785640 7:THE ASSISTANT EXECUTIVE ENGINEER SIVASAGAR WATER RESOURCES SUB-DIVISION SIVASAGAR PIN-785640 ASSA Advocate for the Petitioner : MRS. K K CHOUDHURY, D KALITA Advocate for the Respondent : SC, WATER RESOURCE, MS. N BORDOLOI, SC, REVENUE AND DISASTER MANAGEMENT DEPT,MR. G. BOKOLIAL, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 12-02-2026 Heard Mr. K.K. Choudhury, learned counsel for the petitioner. Also heard Mr. R.M. Das, learned standing counsel, Water Resource Department appearing for the respondent Nos. 1, 4, 5, 6 & 7, Ms. N. Bordoloi, learned standing counsel, Revenue Department appearing for the respondent No. 2 and Mr. G. Bokolial, learned Govt. Advocate, Assam appearing for the respondent No. 3. 2. The petitioner in the present proceeding has raised a grievance with regard to non- release to him, his admitted contractual dues amounting to Rs. 14,90,786/- (Rupees Fourteen Lakhs Ninety Thousand Seven Hundred Eighty Six). 3. As projected in the writ petition, the petitioner was allotted with 05 (five) numbers of works by the Water Resource Department. The works so allotted to the petitioner are as follows: (1) Immediate measures to Dikhow bund L/B from Upper Nazira to A.T Road to Page No.# 3/4 restore the embankment at 15th Km at Naoholia area for 2017-18 (sub estimate vide work no. SD/T-246/4041 Dt. 10/01/2019. (ii) Immediate measures to Desang bund L/B from Bahgarh to A.T Road (Recoupment of damages at 28th km near Borpatra Gohain Gaon) under SDRF for 2017-18 (sub estimate) vide work order no. SD/T-246/4164 Dtd. 18/01/2019. (iii) Immediate measures to restore the damages from river Taokak near Ward No. 16 of Sonari Town and its adjoining areas under SDRF from 2017-18 (sub estimate) vide work order no. SD/T-246/2139 Dt. 27/08/2019. (iv) Immediate measures to Desang bund L/B from Rajgarh to Pathaligarh to restore the damages at 1st km near Cholapathar under SDRF for 2018-19 vide work order no. SD/T-246/639-A Dt.20/05/2020. (v) R/S to Mitong bund both bank from NH-37 to Jokaichuk vide work order ACE/WR/NIT-234/2012/2(A) Dt.07/03/2013. 4. The petitioner after issuance of the work order to him and on completion of the requisite formalities, proceeded to execute the said works and completed the same in accordance with the stipulation laid out in the matter by the departmental authorities. On completion of the said works, the petitioner had raised his bills against the same and the total amount as claimed by the petitioner against the said works amounts to Rs. 21,42,169/- (Rupees Twenty One Lakhs Forty Two Thousand One Hundred Sixty Nine). The petitioner was released an amount of Rs. 6,51,383/- (Rupees Six Lakhs Fifty One Thousand Three Hundred Eighty Three). However, the remaining balance of Rs. 14,90,786/-, not being released to him, he has instituted the present writ petition. 5. The learned counsel for the petitioner has reiterated the above facts and submitted that there being no dispute with regard to the successful execution of the works allotted to the petitioner, herein, the remaining contractual dues receivable by him ought to have been released at the earliest by the departmental authorities. 6. Mr. R.M. Das, learned standing counsel, Water Resource Department, Assam Page No.# 4/4 submits that the departmental authorities by way of filing an affidavit in the matter have admitted that the petitioner is entitled to receive an amount of Rs. 14,90,786/-, being the contractual dues receivable by him on account of execution of works allotted to him by the Water Resource Department. He submits that the said amount would now be required to be released to the petitioner. 7. In view of the above submissions of the learned counsel for the parties, the respondent authorities having admitted that the petitioner is entitled to receive an amount of Rs. 14,90,786/- (Rupees Fourteen Lakhs Ninety Thousand Seven Hundred Eighty Six) as his contractual dues, this Court directs the respondent authorities to release to the petitioner the said amount within a period of 06 (six) months from the date of receipt of a certified copy of this order. 8. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant