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2025 DAILYLAW 8345 (GAU)

ABDUL GOFUR v. THE STATE OF ASSAM AND 8 ORS

WP(C)/1205/2023 · 2025-04-04

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010041592023 2025:GAU-AS:4160 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1205/2023 ABDUL GOFUR S/O- LT. TASLIM ALI, VILLAGE- WEST KANISHAIL, P.O.- KANISHAIL, P.S.- KARIMGANJ, DIST.- KARIMGANJ, ASSAM, INDIA, PIN- 788711. VERSUS THE STATE OF ASSAM AND 8 ORS TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR-06, ASSAM. 2:THE SECRETARY TO THE GOVT. OF ASSAM WATER RESOURCES DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06. 4:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT ASSAM NATIONAL HIGHWAY-37 BASISTHA GUWAHATI- 781029. Page No.# 2/4 5:THE ADDL. CHIEF ENGINEER CACHAR AND HILLS WATER RESOURCES SILCHAR DIST.- CACHAR ASSAM. 6:THE SUPERINTENDING ENGINEER HAILAKANDI WATER RESOURCE CIRCLE HAILAKANDI ASSAM. 7:THE EXECUTIVE ENGINEER KARIMGANJ WATER RESOURCE DEPARTMENT KARIMGANJ ASSAM. 8:THE ASSISTANT EXECUTIVE ENGINEER WATER RESOURCE DIVISION KARIMGANJ ASSAM. 9:THE DEPUTY COMMISSIONER OF KARIMGANJ DISTRICT- KARIMGANJ ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR J M SULAIMAN,MR. R A CHOUDHURY Advocate for the Respondent : SC, WATER RESOURCE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 05.04.2025 Heard Mr. J. M. Sulaman, learned counsel for the petitioner. Also heard Ms. D. Jain, learned standing counsel, Water Resource Department for the respondent Nos. 1, 2, 4, 5, 6, 7 and 8, Mr. A. Chaliha, learned standing counsel, Finance Department for the respondent No.3 and Ms. U. Das, learned Addl. Page No.# 3/4 Senior Govt. Advocate for the respondent No.9. The petitioner was issued a Work Order on 29.10.2012 for the Scheme M & R to protecting the area from Phanirbond to Dullabpur from flooding of River Shingla for 2012-13 (Breach closing at Madanpur) for an amount of Rs. 1,78,790/- issued by the Superintendant Engineer, Hailakandi, WR Circle, Hailakandi. The First and Final bill was also countersigned by the Assistant Executive Engineer, Karimganj, WR Division. By another work order dated 26.11.2012, issued by the Superintendent Engineer, Hailakandi, WR Circle Hailakandi, the petitioner was given the work for M&R to dyke along both banks of river Shingla from Dullavpur to Kakrakhal for 2012-13 for an amount of Rs. 65,700/-. Thereafter, the first and final bill was also counter signed by the Assistant Executive Engineer, Karimganj, Water Resource Division Karimganj. Another Work Order dated 26.11.2012 was also issued in favour of the petitioner by the Superintendent Engineer, Hailakandi WR Circle, Hailakandi for work K-3 M&R to embankment along L/B of river Kushiya from Kachua in confluence to Karimganj town for 2012-13 for an amount of Rs. 1,35,415/- and first and final bill was also counter signed by the Assistant Executive Engineer, Karimganj Water Resource Division Karimganj. Another Work order dated 05.01.2013 was also issued to the petitioner against M&R to protection of Karimganj town from river Kushiyara at Deopur ring bund for 2012-13, K-4 for an amount of Rs. 27,930/- by the Executive Engineer Water Resource Division Karimganj and the first and final bill was also counter signed by the Executive Engineer Karimganj Water Resource Division. However, despite issuance of the final bills in respect of the 4 work orders, Page No.# 4/4 the respondents are yet to pay the amount to the petitioner till date. Accordingly, the petitioner has preferred the present writ petition praying for an outstanding dues against the work orders totaling to Rs. 3,88,722/- The respondent No.4 i.e., Chief Engineer Water Resource Department has filed counter affidavit and in paragraph 6, 7 and 8 the amount claimed by the petitioner is admitted. Accordingly, this writ petition is disposed of directing the respondent No.4 to pay the undisputed amount of Rs. 3,88,722/- to the petitioner within a period of 4(four) months from the date of receipt of a copy of the order of this Court. With the above observations and direction, the writ petition stands disposed of. JUDGE Comparing Assistant