Page No.# 1/5 GAHC010036272025 2025:GAU-AS:7849 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1106/2025 DHRUBAJYOTI GOGOI S/O- LATE BHABEN GOGOI, R/O- VLL- CHOWRAKIA GAON, P.O- DHAKUAKHANA, DIST- LAKHIMPUR, ASSAM, PIN- 787055. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR, GUWAHATI- 06. 2:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT ASSAM CHANDMARI GUWAHATI-3. 3:THE EXECUTIVE ENGINEER WATER RESOURCE DEPARTMENT DHAKUAKHANA LAKHIMPUR ASSAM PIN- 787055. 4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT (GENERAL) DEPARTMENT DISPUR GUWAHATI-6. Page No.# 2/5 6:THE DISTRICT COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR ASSAM PIN- 787001 Advocate for the Petitioner : MR J PAYENG, MS A PAYENG,MS. SUSMITA DOLEY Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, FINANCE,SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 16-06-2025 Heard Mr. J Payeng, learned counsel for the petitioner. Also heard Mr. J Handique, learned counsel for the Revenue Department; Mr. R Talukdar, learned counsel for the respondent No. 6; Ms. D Jain, learned counsel for the respondent Nos. 1 to 3 as well as Mr. B Gogoi, learned counsel for the respondent No. 4. 2. By filing this writ petition the petitioner prays for a direction to the respondent authorities for payment of Rs. 7,76,593/-, for execution of the contractual work pertaining to “Immediate measures to restoration of Goromari Kapahua area from flood devastation of river Charikoria on the left bank under SDRF for 2017-18”. 3. Mr. R Talukdar, learned counsel for the respondent No. 6 submits that the Executive Engineer, Water Resource Department, Dhakuakhana Division had submitted a Work Completion Report to the office of the District Commissioner, Lakhimpur with regard to the work done by the petitioner. The Deputy/District Page No.# 3/5 Commissioner, Lakhimpur has thereafter submitted a completion report to the Commissioner & Secretary to the Govt. of Assam, Revenue & Disaster Management Department for release of fund, vide office letter No. LDM(R)1/NC/2020/Pt/176 dated 06.08.2020. However, the fund has not been released by the Revenue & Disaster Management Department till date. He submits that the petitioner’s outstanding amount would be paid, as and when fund is received from the Government. 4. Ms. D Jain, learned counsel for the respondent Nos. 1 to 3 submits that the work done by the petitioner has been verified and a Completion Report has been made by the concerned Engineers, admitting the fact that the petitioner is liable to be paid Rs.7,76,593/-, as per the completion Report/Certificates issued by the Executive Engineer, Water Resource Department, Dhakuakhana Division. 5. Mr. J Handique, learned counsel for the Revenue Department submits that the fund would be released, as and when the Completion Report is submitted by the Deputy/District Commissioner, Lakhimpur to the Secretary to the Government of Assam, Revenue & Disaster Management Department. 6. I have heard the learned counsels for the parties. 7. The submissions made by the counsels for the parties and the documents on record show that the Water Resource Department and the Deputy/District Commissioner, Lakhimpur have admitted to the fact that the petitioner has completed his contract work and that an amount of Rs.7,76,593/- is liable to the paid to the petitioner. Page No.# 4/5 8. Para 4 of the affidavit-in-opposition by the respondent No. 6 is reproduced herein below as follows:- “4. That the statements made in paragraph 5 of the writ petition are incorrect. In this regards the deponent states that the Executive Engineer, Water Resource Dhakuakhana Division had taken a SDRF Scheme namely, "Immediate measures to restoration of Goroimari Kapahua area from flood devastation of river Charikoria on left bank under SDRF for 2017- 18" with sanctioned amount of Rs. 1,75,00,000.00 (One Crore Seventy Five Lakhs) only. Out of the above scheme a sub estimate namely "Immediate measures to restoration of Goroimari Kapahua area from flood devastation of river Charikoria on left bank under SDRF for 2017-18" (sub estimate) was also prepared by the Executive Engineer, Water Resource Dhakuakhana Division and work completion report submitted to the office of the under signed for taking necessary action. Accordingly, the scheme was verified by the then Deputy Commissioner, Lakhimpur and submitted completion report to the Commissioner & Secretary to the Govt. of Assam, Revenue & Disaster Management Deptt. for release of fund vide this office letter No.LDM(R)1/NC/2020 Pt/176 dated 06/08/2020. But respective fund has not yet been received from govt. till date. The outstanding amount of the contractor will be provided as and when received from Govt.” 9. The above clearly goes to show that the petitioner has to be paid his outstanding dues amounting to Rs.7,76,593/-. The only problem is that the Revenue Department have taken a stand that they have not received a copy of the Completion Report, which had been submitted by the Deputy Commissioner on 06.08.2020. 10. In view of the above stand taken by the Revenue Department, the Deputy/District Commissioner, Lakhimpur is directed to send the letter No. LDM(R)1/NC/2020/Pt/176 dated 06.08.2020 along with all the enclosed documents afresh to the respondent No. 5. The same should be done within a period of 2 (two) weeks from the date of receipt of a certified copy of this Page No.# 5/5 order. The respondent Nos. 4 & 5 shall thereafter ensure that the funds for payment of the petitioner’s dues are made available to the respondent No. 6, who shall thereafter disburse the same to the petitioner. The said exercise should be concluded within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. 11. The writ petition is disposed of accordingly. JUDGE Comparing Assistant