Page No.# 1/5 GAHC010236272025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6089/2025 MRINAL SARMA SON OF LATE AKSHAYA KUMAR SARMA, RESIDENT OF ANCHALI ROAD, PATHSALA TOWN, DISTRICT-BAJALI, ASSAM-781325. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE CHIEF ENGINEER IRRIGATION DEPARTMENT CHANDMARI GUWAHATI-3. 4:THE ADDL. CHIEF ENGINEER OPERATION AND MAINTENANCE (MAJOR AND MEDIUM) IRRIGATION DEPARTMENT CHANDMARI GUWAHATI-3 (ERSTWHILE CHAIRMAN CUM MANAGING DIRECTOR LOWER ASSAM CAD AUTHORITY IRRIGATION DEPARTMENT CHANDMARI GUWAHATI-3). 5:THE EXECUTIVE ENGINEER TIHU-BAJALI DIVISION (IRRIGATION) TIHU Page No.# 2/5 DISTRICT-NALBARI ASSAM. 6:THE ACCOUNTS OFFICER TIHU-BAJALI DIVISION (IRRIGATION) TIHU DISTRICT-NALBARI ASSAM Advocate for the Petitioner : MR. D CHOUDHURY, MR T CHAKRABORTY,MR. R K SARMA,MS. A KHARBANI,MS T PARASHAR Advocate for the Respondent : SC, IRRIGATION, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 25-05-2026 Heard Mr. D. Choudhury, learned counsel for the petitioner. Also heard Ms. D.S. Neog, learned standing counsel, Irrigation Department, Assam appearing for the respondents. 2. The petitioner by way of instituting the present writ petition has prayed for a direction upon the respondent authorities to release to him the balance contractual dues amounting to Rs. 23,91,253/- (Rupees Twenty Three Lakhs Ninety One Thousand Two Hundred Fifty Three), receivable by him for execution of the works allotted to him. 3. As projected in the writ petition, the bid of the petitioner being found to be suitable, initially a preliminary work order dated 29-03-2017 was issued to him for execution of the work involved. Thereafter, on completion of the formalities involved, the respondent authorities had issued a formal work order dated 11-04-2017 in favour of the Page No.# 3/5 petitioner for “Construction of Brick lined Field channel for length 466.69M(2 cusec), 265.00M(1 cusec), 2103M Earthen Field Channel (1 cusec) outlet, 1 no. Gated outlet, 3 nos. Cross drainage 2 nos. Cattle crossing & 1 no. Cart crossing at Ch. 5350 M(R/B) & 6500M(R/B) of B2 Canal of Pahumara CAD project under CADWM Programme, Assam for the year 2016-17”. On account of reorganization of the division, the work allotted to the petitioner came to be now placed under the Executive Engineer, Tihu Division (Irrigation), Tihu [now renamed as Tihu Bajali Division (Irrigation), Tihu]. The petitioner had executed the allotted work and 05 (five) numbers of bills dated 06-03-2018, 08-06-2018, 30-01- 2020 and 29-02-2020, for an amount of Rs. 48,70,412/- (Rupees Forty Eight Lakhs Seventy Thousand Four Hundred Twelve) came to be raised. Out of the said bill amount, the respondents had released an amount of Rs. 24,79,159/- (Rupees Twenty Four Lakhs Seventy Nine Thousand One Hundred Fifty Nine) to the petitioner. Accordingly, a balance of Rs. 23,91,253/- (Rupees Twenty Three Lakhs Ninety One Thousand Two Hundred Fifty Three) remained unpaid. Accordingly, the petitioner has instituted the present writ petition. 4. Mr. D. Choudhury, learned counsel for the petitioner by reiterating the facts noticed, hereinabove, has submitted that non-release of the balance contractual dues of the petitioner has subjected him to undergo tremendous financial hardship and the work in question having been executed by the petitioner to the satisfaction of the departmental authorities, there exists no valid reason for not releasing the balance contractual dues of the petitioner. 5. Ms. D.S. Neog, learned standing counsel, Irrigation Department, Assam appearing Page No.# 4/5 for the respondents by referring to the affidavit filed in the matter has submitted that for the works executed by the petitioner, an amount of Rs. 48,70,412/- was due to him. The respondents had paid an amount of Rs. 24,79,159 to the petitioner from time to time on receipt of funds for the purpose from the Government. It is further submitted that on a due scrutiny of the pending bills of the petitioner against the allotted works, it was found that an amount of Rs. 23,91,253/- (Rupees Twenty Three Lakhs Ninety One Thousand Two Hundred Fifty Three) had remained pending and the said amount was not released to the petitioner only on account of non-availability of funds against the work in question. It is projected that the pending contractual dues of the petitioner shall be paid to him on receipt of funds from the Government. 6. I have heard the learned counsel for the parties and also perused the materials available on record. 7. The petitioner in the present proceeding has prayed for a direction upon the respondent authorities for release of an amount of Rs. 23,91,253/- (Rupees Twenty Three Lakhs Ninety One Thousand Two Hundred Fifty Three) being the balance contractual dues receivable by the petitioner. The respondents by way of filing an affidavit in the matter having admitted the claim of the petitioner for being entitled to receive the said amount. Accordingly, the amount of Rs. 23,91,253/- (Rupees Twenty Three Lakhs Ninety One Thousand Two Hundred Fifty Three) claimed by the petitioner, is to be held to be admitted outstanding dues receivable by the petitioner. 8. The respondent having admitted the liability to pay to the petitioner an amount of Rs. 23,91,253/- (Rupees Twenty Three Lakhs Ninety One Thousand Two Hundred Fifty Page No.# 5/5 Three), this Court would now be required to direct the respondent authorities to release to the petitioner the said amount. 9. In view of the above discussions, the respondents having admitted their liability to pay the amount of Rs. 23,91,253/- (Rupees Twenty Three Lakhs Ninety One Thousand Two Hundred Fifty Three) against the works executed by the petitioner, herein, the respondents are directed to release to the petitioner his admitted outstanding dues of Rs. 23,91,253/- (Rupees Twenty Three Lakhs Ninety One Thousand Two Hundred Fifty Three) within a period of 06 (six) months from the date of receipt of a certified copy of this order. 10. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant