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2025 DAILYLAW 7745 (GAU)

M/S TUNU MIA LASKAR v. THE STATE OF ASSAM AND 7 ORS

WP(C)/996/2025 · 2025-03-09

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010033962025 2025:GAU-AS:2481 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/996/2025 M/S TUNU MIA LASKAR A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT VILLAGE CHESRI, P.O.- BORKHOLA, P.S. BORKHOLA, DISTRICT- CACHAR, ASSAM, PIN- 788110, REPRESENTED BY ITS MANAGING PARTNER, JESMIN SULTANA LASKAR WIFE OF MAYJUL HOQUE LASKAR, RESIDENT OF VILLAGE CHESRI, P.O. BORKHOLA, P.S. BORKHOLA, DISTRICT- CACHAR, ASSAM, PIN- 788110 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR, GUWAHATI-6 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 4:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6 5:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT Page No.# 2/3 BASISTHA GUWAHATI-29 ASSAM 6:THE DEPUTY COMMISSIONER DISTRICT COMMISSIONER CUM CHAIRPERSON DISTRICT DISASTER MANAGEMENT AUTHORITY CACHAR SILCHAR 7:THE ADDITIONAL CHIEF ENGINEER WATER RESOURCE DEPARTMENT BARAK VALLEY ZONE SILCHAR CACHAR ASSAM 8:THE EXECUTIVE ENGINEER SILCHAR WATER RESOURCE DIVISION CACHAR SILCHA Advocate for the Petitioner : MS D.CHAKRABARTY, MR. D CHAKRABARTY Advocate for the Respondent : SC, REVENUE, SC, FINANCE,SC, WATER RESOURCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 10.03.2025 1. Heard Mr. D. Chakrabarty, learned counsel for the petitioner. 2. It is the case of the petitioner that the petitioner was issued a Work Order for restoration of flood damages of reclamation of flood affected area Chesri, “Drainage of low-lying area near Chandpur in Borkhola Circle, Phase – I & II” under SDRF for 2022-2023. The petitioner completed the said work and thereafter, a completion certificate was submitted by the District Commissioner- cum-Chairperson, District Disaster Management Authority, Cachar, Silchar to the Joint Secretary to the Government of Assam, Revenue & DM Department on Page No.# 3/3 19.01.2024. As the petitioner did not receive the payment, he made a representation before the Executive Engineer, Cachar, WR Division on 10.02.2025, praying for issuance of outstanding liability certificate. The Executive Engineer, Cachar, WR Division, Silchar, accordingly, issued the outstanding liability certificate on 11.02.2025 showing a liability of Rs.7,97,842/-. However, despite the issuance of the outstanding liability certificate, the petitioner is yet to receive the outstanding dues and accordingly, has approached this Court by way of the present writ petition. 3. Mr. A. Bhattacharjee, learned standing counsel, Revenue Department, submits that the case of the petitioner is under consideration in the Revenue Department. 4. Considering the submission made by the learned standing counsel, Revenue Department, this writ petition is disposed of directing the respondent Nos. 2 & 4 to have a verification as to whether the petitioner has completed the work in terms of the Work Order dated 13.05.2023. Thereafter, if it is found that the petitioner has completed the work and the outstanding liability of Rs.7,97,842/- is admitted, the respondents shall take steps for payment of the same to the petitioner. 5. Let the entire exercise be done and completed within 3 (three) months from the date of receipt of a certified copy of this order. 6. With the above observations and directions, this writ petition is disposed. JUDGE Comparing Assistant