Page No.# 1/3 GAHC010048132024 2025:GAU-AS:2159 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1371/2024 SABIRAM KHAKHLARI S/O- ANANDA, VILL.- KURUWABAHI, P.O. JAMUGURI, DIST. UDALGURI, ASSAM, PIN- 784114. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE CHIEF ENGINEER (IRRIGATION) TEZPUR DIST. SONITPUR ASSAM 3:THE SUPERINTENDING ENGINEER IRRIGATION TEZPUR DIST. SONITPUR ASSAM 4:THE COMMISSIONER AND SECRETARY DEPARTMENT OF FINANCE GOVERNMENT OF ASSAM DISPUR GHY-6 Advocate for the Petitioner : MS. S BORA, MR. P BORAH Advocate for the Respondent : SC, IRRIGATION, SC, FINANCE Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 03.03.2025 Heard Ms. S. Bora, learned counsel for the petitioner. Also heard Mr. N. Upadhyay, learned standing counsel, Irrigation Department for the respondents No. 1 to 3 and Mr. B. Gogoi, learned Standing Counsel, Finance for the respondent No.4. 2. By filing this petition, the petitioner prays for a direction to the respondent authorities to release the admitted amount of Rs.10,84,609/- and Rs.1,84,460/- for execution of work of Panbari FIS under AIBP 2010-11; construction of RCC Road Culvert on PWD Road at Ch 435 m of escape Channel at Sonitpur, Tezpur. 3. The petitioner claims to be the registered contractor was awarded the work under AIBP for the year 2009-10 vide order dated 28.02.2011. The Superintendent of Engineer allotted the formal work order to the petitioner for work of Panbari F/S under AIBP 2010-11 for construction of RCC Road Culvert on PWD Road at Ch 435m of escape channel. 4. The value of the work was Rs.19,28,000/- (Rupees nineteen lakhs twenty eight thousand). The petitioner executed the said work as per the work order and thereafter, on physical verification of the works, the bill was prepared. Out of the total amount of Rs.18,44,609 (Rupees eighteen lakhs forty four thousand six hundred and nine), an amount of Rs.7,60,000/- (Rupees Seven Lakh Sixty Thousand) was released to the petitioner. 5. Ms. S. Bora, learned counsel for the petitioner submits that an admitted balance amount of Rs.10,84,609/- and an amount of Rs.1,84,460/- is yet to be released to the petitioner, despite satisfactory completion of the works by the petitioner. Therefore, she submits that the respondent authorities may be directed to pay the said amount to the petitioner. 6. Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department while referring to the abstract of bill payable under Panbari FIS under AIBP for the year 2009-10 submits that the liability to be paid to the petitioner is Rs.9,00,149/- and Rs.1,84,460/-, which is of total of Rs.10,84,609/-. Therefore, the petitioner is entitled to the total amount of Rs. 10,84,609/-. However, he submits that due to non- availability of fund, the said admitted amount could not be released to the petitioner and as and when the fund is available, the same shall be released. Page No.# 3/3 7. Having considered the submissions made by the learned counsel for the parties and considering that the amount claimed by the petitioner is an admitted amount, which the respondent authorities are liable to pay to the petitioner, this petition is disposed of directing the respondent authorities to verify the claim of the petitioner within a period of 1 (one) month from the date of receipt of the certified copy of this order and if found admitted, the same shall be released to the petitioner within a period of 4 (four) months thereafter. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant