Page No.# 1/4 GAHC010038502025 2025:GAU-AS:10584 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1219/2025 DIBAKAR PATHAK S/O- LATE LABA RAM PATHAK, R/O- VILL. AND P.O.- SARUPETA, DIST. BAJALI, ASSAM, PIN-781318 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI- 06. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 06 3:THE CHIEF ENGINEER IRRIGATION DEPARTMENT CHANDMARI GUWAHATI- 3 4:THE CHAIRMAN CUM MANAGING DIRECTOR LOWER ASSAM C.A.D. AUTHORITY CHANDMARI GUWAHATI-03 5:THE EXECUTIVE ENGINEER PAHUMARA RUPAHI DIVISION (IRRIG) NOW RENAMED AS BHAWANIPUR DIVISION IRRIGATION SARUPETA Page No.# 2/4 DIST- BAJALI ASSA Advocate for the petitioner(s): Mr. H Talukdar Advocate for the respondent(s): Mr. N Upadhyay Standing Counsel, Irrigation Department B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 11.08.2025 Heard Mr. H Talukdar, learned counsel appearing on behalf of the petitioner. Also heard Mr. N Upadhyay, learned Standing Counsel, Irrigation Department, Govt. of Assam. 2. The instant writ petition has been filed by the Petitioner challenging the inaction on the part of the Respondent Authorities in releasing the outstanding bill amounting to Rs.4,78,506/- to which the Petitioner is entitled to in respect of the work order allotted to him for construction of Brick Lined Field Channel for length 65.91 M (2 cusec), 89.29 M (1 cusec), 569.00 M Earthen Field Channel (1 cusec) along with related structures like 3 Nos. Commending Outlet at Ch.5350 M(R/B) of B2 Canal of Pahumara CAD Project under CADWM Programme, Assam for 2016-17. 3. The case of the Petitioner herein is that initially a preliminary work order Page No.# 3/4 was issued to him vide letter dated 29.03.2017 and then a formal work order was issued to him vide the letter dated 20.04.2017. The petitioner started the work by signing an agreement with the respondents and duly completed the same, within the stipulated time. Thereafter, the petitioner on completion of the work submitted a Bill dated 21.06.2018 against the work amounting to Rs.9,21,859/-. Out of which, an amount of Rs.4,43,353/- had been duly paid to the petitioner. However, an amount of Rs.4,78,506/- is still due to be paid to the petitioner. 4. The petitioner had made several representations from time to time for release of the aforesaid outstanding dues, but the same has not yielded any result. Consequently, finding no other alternatives, the petitioner has approached this Court by way of the instant writ petition. 5. Mr. N Upadhyay, the learned counsel appearing on behalf of the Respondents submitted that there is no denial to the fact that the work order in question was issued to the Petitioner. The learned counsel for the Respondents, however, submitted that the entitlement of the Petitioner would depend upon verification to be carried out by the Respondent Authorities. 6. Upon perusal of the materials on record, this Court is of the opinion that if the Petitioner had completed the work, the Petitioner would be entitled to the amount. However, for the same, verification on the part of the Respondent Authorities would be required. 7. This Court further finds it relevant to observe that the Petitioner claims that an outstanding bill of Rs.4,78,506/- is still due to be paid to the petitioner and this Court in exercise of the writ jurisdiction cannot decide as to whether the Petitioner would be entitled to the amount so claimed. Page No.# 4/4 8. Taking into account the above, this Court directs the Respondent Authorities to verify the entitlement of the Petitioner and the Respondent Authorities if upon verification finds that the Petitioner is entitled to any amount, the same be paid to him. 9. The said exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent No.3 i.e. the Chief Engineer, Irrigation Department, Guwahati. 10. With above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant