Page No.# 1/4 GAHC010048842023 2025:GAU-AS:223 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1409/2023 MD. SAFIQUL HAQUE S/O- MD. MANJUR ALAM, R/O- SIJUBARI, BISHNUJYOTI PATH , H.NO- 25, P.S AND P.O- HATIGAON, KAMRUP METRO, ASSAM, GUWAHATI-38 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006 2:THE SECRETARY TO THE GOVT. OF ASSAM WATER RESOURCES DEPARTMENT ASSAM DISPUR-781006 3:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT ASSAM DISPUR GUWAHATI -781006 4:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT GOVERNMENT OF ASSAM BASISTHA GUWAHATI-781029 Page No.# 2/4 ASSAM 5:THE ADDL. CHIEF ENGINEER LOWER ASSAM ZONE WATER RESOURCE DEPARTMENT CHANDMARI GUWAHATI-781003 ASSAM 6:THE SUPERINTENDENT ENGINEER NORTHERN ASSAM WATER RESOURCE CIRCLE WATER RESOURCE DEPARTMENT CHANDMARI GUWAHATI-781003 ASSAM 7:THE EXECUTIVE ENGINEER DHUBRI WATER RESOURCES DIVISION DHUBRI ASSA Advocate for the Petitioner : MR. S HOQUE, MR. A RAHMAN Advocate for the Respondent : SC, WATER RESOURCE, SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 08.01.2025 Heard Mr. S. Hoque, learned counsel for the petitioner and Ms. U. Das, learned counsel for the respondent No.1. Ms. D. Jain, learned counsel appears for the respondent Nos.2, 4, 5, 6 & 7, while Mr. P. Nayak, learned counsel appears for the respondent No.3. Page No.# 3/4 2. The petitioner’s case is that he has not been paid his contractual dues amounting to Rs.64,773/-, for undertaking a contract work under the Water Resources Department, Dhubri Water Resources Division for the scheme “Immediate measures to protect R/B of Boraguri-Lengtisinga embankment at Dumerguri of Aie river for 2009-10 (A/E) Measures) under CRF.” 3. Ms. D. Jain, learned counsel for the Water Resources Department submits that the petitioner is still to be paid Rs.64,773/-, as has been reflected in the affidavit-in-opposition filed on behalf of the respondent No.4, i.e., the Chief Engineer. She submits that the respondent No.7 has forwarded the demand for releasing the balance amount, for payment to the petitioner by issuing letters, the last one being dated 20.07.2024, to the District Commissioner, Bongaigaon. However, no payment has been made by the District Commissioner, Bongaigaon, who is the authority responsible for releasing the amount payable to the petitioner. 4. I have heard the learned counsels for the parties. 5. The affidavit of the respondent No.4 clearly shows that the State respondents have admitted that they are liable to pay to the petitioner the balance amount of Rs.64,773/- and despite demands for release of funds being made by the Water Resources Division to the District Commissioner, Bongaigaon, the same has not been released by the District Commissioner, Bongaigaon. Accordingly, the District Commissioner, Bongaigaon is impleaded as respondent No.8 in the present writ petition. Page No.# 4/4 6. The petitioner shall submit a corrected copy of the cause title showing the District Commissioner, Bongaigaon as respondent No.8, which should be submitted to the Registry within 2(two) days from today. 7. Ms. U. Das, learned counsel accepts notice on behalf of the respondent No.8. Extra copy of the writ petition should be provided to Ms. U. Das during the course of the day. 8. On considering the fact that there has been an admission of the dues of the petitioner amounting to Rs.64,773/-, the respondents, especially the Water Resources Department and the District Commissioner, Bongaigaon are directed to release the admitted amount of Rs.64,773/- to the petitioner, within a period of 1(one) month from the date of receipt of a certified copy of this order. 9. The writ petition is accordingly disposed of. JUDGE Comparing Assistant