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2025 DAILYLAW 5874 (GAU)

MAHBUB HUSSAIN TAPADAR v. THE STATE OF ASSAM AND 6 ORS

WP(C)/268/2024 · 2025-04-03

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010009412024 2025:GAU-AS:4108 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/268/2024 MAHBUB HUSSAIN TAPADAR S/O NAZAM UDDIN TAPADAR, R/O VILL-TAPADARPARA, P.O.- PATHERKANDI, DIST-KARIMGANJ, ASSAM, PIN-788724 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR, GUWAHATI-6 2:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT ASSAM AWC BASISTHA GUWAHATI-29 3:THE ADDL. CHIEF ENGINEER CACHAR AND HILLS WATER RESOURCES SILCHAR P.O.-SILCHAR DIST-CACHAR ASSAM 4:THE SUPERINTENDING ENGINEER HAILAKANDI W.R. CIRCLE HAILAKANDI P.O. AND DIST-HAILAKANDI ASSAM 5:THE EXECUTIVE ENGINEER WATER RESOURCES DIVISION KARIMGANJ Page No.# 2/4 P.O. AND DIST- KARIMGANJ ASSAM PIN-788712 6:THE ASSISTANT EXECUTIVE ENGINEER WATER RESOURCES SUB-DIVISION KARIMGANJ DIST- KARIMGANJ ASSAM PIN-788712 7:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI- Advocate for the Petitioner : DR. B AHMED, MR. A K AZAD,MR K UDDIN Advocate for the Respondent : SC, WATER RESOURCE, SC, FINANCE BEFORE HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R 04.04.2025 Heard Mr. K. Uddin, learned counsel for the petitioner as well as Ms. J. Gogoi, learned standing counsel, Water Resources Department, for the respondent Nos. 1 to 6 and Mr. A. Chaliha, learned standing counsel, Finance Department, for the respondent No. 7. 2. The petitioner was issued a Work Order on 28.12.2012 by the Additional Chief Engineer, Cacahr & Hills Water Resources, Silchar for “M&R to Extension of embankment along both bank of river Longai from Chandkhira PWD bridge to Katabari for 2012-13. (R/B Longa at Moriangaon) Scheme Code No.K-1” for an approximate value of Page No.# 3/4 Rs.1,01,325/-. The petitioner was again allotted another Work Order on 26.11.2012 by the Superintending Engineer, Hailakandi W.R Circle, Hailakandi for “M & R to dyke along both banks of river Shingla from Dullavpur to Kakrakhal for 2012-13” for an approximate amount of Rs.87,105/-. Thereafter, the petitioner was again allotted a Work Order on 26.11.2012 by the Superintending Engineer, Hailakandi W.R Circle, Hailakandi for “K-2 M&R to embankment along both bank of river Longai from Patharkandi to Nilambazar Pt-I river Longai for 2012-13” for an approximate amount of Rs.49,823/-. Again on 05.01.2013 the petitioner was allotted another Work Order issued by the Executive Engineer, Water Resources Division, Karimganj for “ M & R to protect the area from Phanirbond to Dullavpur from flooding of River Shingla for 2012-13 (Breach closing work at Panchdali)” for an approximate amount of Rs.55,597/-. The petitioner completed the work and the first and final bill was countersigned by the Assistant Executive Engineer, Water Resources Sub Division, Patherkandi for an amount of Rs.91,777/- in terms of the first Work Order dated 28.12.2012. Another first and final bill was also countersigned by the Assistant Executive Engineer, Water Resources Sub Division, Patherkandi for an amount of Rs.78,395/- against the second Work Order dated 26.11.2012. Another first and final bill was also countersigned by the Assistant Executive Engineer, Water Resources Sub Division, Patherkandi for an amount of Rs.49,823/- against the third Work Order dated 26.11.2012. Another first and final bill was also countersigned by the Assistant Executive Engineer, Water Resources Sub Division, Patherkandi for an amount of Rs.53,895/- against the fourth Work Order dated 05.01.2013. It is the case of the petitioner that he is yet to receive Page No.# 4/4 the said amounts totalling to Rs.2,73,890/- till date despite repeated representations made by the petitioner before the concerned authorities. 3. Ms. J. Gogoi, learned standing counsel, Water Resources Department, submits that the respondents would have a verification of the claim of the petitioner and thereafter, the admitted amounts will be be paid to the petitioner as and when funds are available. 4. After hearing the learned counsel for the parties, this writ petition is disposed of directing the respondent No.2 to have a re-verification with regard to the claim of the petitioner for the total amount of Rs.2,73,890/- and thereafter, if the claim of the petitioner is found to be undisputed, the same shall be paid to the petitioner within a period of three months from the date of receipt of a certified copy of the order of this Court. 5. With the above observations and directions, this writ petitions is disposed of. JUDGE Comparing Assistant