Page No.# 1/5 GAHC010009512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/384/2025 PADATIK NGO (A NON GOVERNMENT ORGANIZATION), REPRESENTED BY ITS PRESIDENT/SECRETARY SAYED TAFIKUL HAQUE, SON OF NUR MAHAMMAD, PERMANENT RESIDENT OF VILL.- BONGAON, P.O. BONGAON, DIST. NALBARI, PIN- 781303, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, PUBLIC HEALTH ENGINEERING CUM THE MISSION DIRECTOR, SBM (G), ASSAM, HENGRABARI, GUWAHATI-781036. 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING SANITATION HENGRABARI GUWAHATI-781036 ASSAM 3:THE CHAIRMAN KDWSC CUM DEPUTY COMMISSIONER (R) KAMRUP AMINGAON PIN- 781031 ASSAM 4:THE MEMBER SECRETARY KDWSC CUM EXECUTIVE ENGINEER (PHE) GUWAHATI DIVISION NO. I DIST. KAMRUP(M) Page No.# 2/5 PIN- 781035 ASSAM 5:THE ASSOCIATE MEMBER SECRETARY KDWSC CUM EXECUTIVE ENGINEER (PHE) RANGIA DIVISION RANGIA DIST. KAMRUP(R) PIN- 781354 ASSAM 6:THE PRESIDENT VWSC MADHYA PANDURI GAON PANCHAYAT DIST. KAMRUP(R) PIN- 781365 ASSAM 7:THE MEMBER SECRETARY MADHYA PANDURI PANCHAYAT/ WATER GAON COMMITTEE SANITATION DIST. KAMRUP(R) PIN- 781365 ASSA Advocate for the Petitioner : MR A GOHAIN, Advocate for the Respondent : GA, ASSAM, SC, P H E BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.02.2025 Heard Mr. A. Gohain, learned counsel for the petitioner. Also heard Ms. M. Kalita, learned Standing Counsel, PHE and Mr. G. Bokalial, learned Government Advocate, Assam. 2. The case of the petitioner, a non-Governmental organization, is that the Page No.# 3/5 petitioner was made to construct 30 nos. of low cost individual household latrines under the Sashwa Bharat Mission @ Rs. 12,000/- per unit. 3. The petitioner was issued various orders and letters for the said works, which are as follows:- “(i) SA.KA.AO/ Rangia/ Sashwa Bharat Mission/ 59/ 2014-15/1976(A) dated 16.10.2015 (ii) SA.KA.AO/ Rangia/ Sashwa Bharat Mission/ 59/ 2014-15/ 3761 dated 28.08.2016” 4. Learned counsel for the petitioner submits that after completion of the said work, the petitioner submitted bills for the said works amounting to Rs.3,60,000/- (Rupees Three lakh Sixty Thousand) before the Chairman, Madhya Panduri VWSC (Village Water Sanitation Committee) cum President, Madhya Panduri Gaon Panchayat. However, till date the concerned Authorities have not released the outstanding dues of the petitioner. 5. The petitioner’s counsel submits that a direction should be issued to the respondents to pay to the petitioner the above said bills, which amount to Rs.3,60,000/- (Rupees Three lakh Sixty Thousand), inasmuch as, the said amount is an admitted amount. 6. Ms. M. Kalita, learned counsel for the PHE Department submits that she has not received instructions till date. 7. This Court had disposed of a similar case, i.e., WP(C) 1814/2022, vide order dated 29.07.2024, wherein no instructions had been received by the PHE Page No.# 4/5 counsel, despite WP(C) 1814/2022 having been filed on 09.03.2022. 8. The present writ petition has also been filed by the petitioner on 10.01.2025. However, till date no instructions have been furnished by the learned Standing Counsel for the Department. In view of the submissions made by learned counsel for the petitioner that since a writ petition involving similar issues has already been disposed of by the Coordinate Bench of this Court, this Court is not inclined to keep this matter pending. 9. On considering the above facts, this Court directs the respondent No. 2 to verify as to whether the petitioner was given the contract work for construction of the low cost individual household latrines and whether the amount claimed by the petitioner, amounting to Rs.3,60,000/- (Rupees Three lakh Sixty Thousand), is an admitted amount. If the amount, after due verification is found to be payable to the petitioner, then the same should be released by following the guidelines laid down in Tamsher Ali Vs. State of Assam and Ors, reported in 2008 (4) GLT 1. 10. In terms of the above directions this writ petition is disposed of in terms of the decision of the Full Bench of this Court in the case of Tamsher Ali (supra). 11. The entire exercise of verification and payment of the admitted amount should be completed by the respondents within a period of 3 (three) months, from the date of receipt of a certified copy of this order. Page No.# 5/5 12. The writ petition is accordingly disposed of. JUDGE Comparing Assistant