Page No.# 1/3 GAHC010047322023 2025:GAU-AS:9617 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1253/2023 M/S RIZA ENTERPRISE REP. BY ITS PROPRIETOR ATIQUL HUSSAIN CHOUDHURY AGED ABOUT 40 YEARS S/O LT.JAMIR UDDIN CHOUDURY R/O HATIGAON BHETAPARA SARGHAT HOUSING M BLOCK 3RD FLOOR GUWAHATI DIST. KAMRUP (M) ASSAM PIN 781028 VERSUS THE STATE OF ASSAM AND 5 ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ANIMAL HUSBANDRY AND VETERINARY DEPTT. DISPUR GUWAHATI 781006 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM ANIMAL HUSBANDRY AND VETERINARY DEPTT. ASSAM SECRETARIAT (CIVIL) DISPUR GUWAHATI 781006 3:THE DIRECTOR DIRECTORATE OF ANIMAL HUSBANDRY AND VETERINARY CHENIKUTHI GUWAHATI 781003 4:THE DISTRICT ANIMAL HUSBANDRY AND VETERINARY OFFICER CACHAR ASSAM PIN 788001 5:THE EXECUTIVE ENGINEER (CIVIL) ANIMAL HUSBANDRY AND VETERINARY DEPTT. CACHAR SILCHAR PIN 78800 For the Petitioner(s) : Mr. A. Chakraborty, Advocate For the Respondent(s) : Ms. M.M. Kataky, Standing Counsel Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 25.07.2025 Heard Mr. A. Chakraborty, the learned counsel appearing on behalf of the petitioner. Ms. M.M. Kataky, the learned Standing counsel appears on behalf of the respondents. 2. The petitioner herein has approached this Court seeking a writ in the nature of mandamus directing the Respondent Authorities to prepare the final bill in relation to the work allotted to the petitioner vide work order No. DVT-186/SOPD- G/2020-21/89 and further pay interest on the said final bill from the date of completion of the work i.e. 15.03.2021. 3. It is seen that pursuant to the filing of the instant writ petition, an affidavit-in-opposition has been filed by the In- Charge Director, Animal Husbandry and Veterinary Department, Assam who has been impleaded as respondent No. 3, wherein at paragraph No. 8, it has been categorically mentioned that as per the report so available with the said respondent, the work was not completed by the petitioner and hence payment could not be made to the petitioner and this aspect was also duly informed to the petitioner. 4. 4. The learned counsel appearing on behalf of the petitioner Page No.# 3/3 submitted that a perusal of Annexure- A/5 dated 03.08.2022 would show that the Assistant Executive Engineer, PWD as well as the Junior Engineer, PWD had given a certification to that effect that the work is completed as per the original drawing and further as per the visual inspection, the quality of the work was found to be fully satisfactory. 5. This Court takes note of that these are questions which falls within the disputed arena, as to whether, the petitioner herein is entitled to the amount as claimed in the petition and further, as to whether, the petitioner had actually completed the work in question. 6. Considering the above, this Court therefore is not inclined to exercise its writ jurisdiction, for which, the instant writ petition stands closed. 7. Be that as it may, this Court grants liberty to the petitioner to approach the Civil Court, if so advised, and the period from 28.02.2023 till date be excluded while computing the period of limitation. JUDGE Comparing Assistant