Page No.# 1/4 GAHC010049292022 2025:GAU-AS:8257 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2050/2022 NABARUP RURAL DEVELOPMENT SOCIETY A NON-GOVERNMENTAL ORGANISATION, REPRESENTED BY ITS PRESIDENT BUBUL KALITA, S/O- LATE SUREM KALITA, VILL.- BARANGHATI, P.S. KAYAN, KAMRUP(R), ASSAM, PIN- 781350. VERSUS THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, PUBLIC HEALTH ENGINEERING CUM THE MISSION DIRECTOR, SBM (G), ASSAM, HENGRABARI, GUWAHATI-36. 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING SANITATION HENGRABARI GUWAHATI-36. 3:THE CHAIRMAN KDWSC CUM DEPUTY COMMISSIONER (R) KAMRUP AMINGAON 4:THE MEMBER SECRETARY KDWSC CUM EXECUTIVE ENGINEER (PHE) GUWAHATI DIVISION-I. 5:THE ASSOCIATE MEMBER SECRETARY KDWSC CUM EXECUTIVE ENGINEER (PHE) RANGIA DIVISION RANGIA. 6:THE CHAIRMAN BARANGHATI VWSC CUM PRESIDENT BARANGHATI GAON PANCHAYAT. Page No.# 2/4 7:THE CHAIRMAN TITKUCHI VWSC CUM PRESIDENT TITKUCHI GAON PANCHAYAT. 8:THE MEMBER SECRETARY BARANGHATI GAON PANCHAYAT/WATER SANITATION COMMITTEE. 9:THE MEMBER SECRETARY TITKUCHI GAON PANCHAYAT /WATER SANITATION COMMITTE Advocate for the Petitioner : MR. A K SARMA, MR A GOHAIN,MR H J TAMULI,MR D KALITA Advocate for the Respondent : GA, ASSAM, SC, P AND R.D. (R-6 & 8),SC, P H E BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 20.06.2025 1. Heard Mr. A. K. Gohain, learned counsel for the petitioner. 2. The petitioner is a Non Governmental Organization (NGO) having Govt. registration no. RS/2109 of 1993-94 under Assam Cooperative societies act, 1860. 3. It is the case of the petitioner that as per policy decision of the Union of India, Government of Assam also started Sashwa Bharat Mission headed by its mission Director. In collaboration with Public Heath Engineering Department, Government of Assam, Sashwa Bharat Mission initiated a massive project to construct low cost individual household latrine in the village areas through various NGOs and Self Help Groups to improve the sanitation amongst the poor people in villages as well as in some semi urban areas. 4. It is the further case of the petitioner that vide various orders/ Letters No. Page No.# 3/4 (i) SA.KA.AO/ Rangia/ Sashwa Bharat Mission/58/2016-17/7126 dated 28/02/2017 (ii) SA.KA.AO/ Rangia/ Sashwa Bharat Mission/59/2017-18/1436 dated 05/09/2017 (iii) SA.KA.AO / Rangia /Sashwa Bharat Mission/59/2017- 18/1498 dated 15/09/2017 issued under the signature of Member Secretary, of respective Gaon Panchayats, Water and Sanitation Committee awarded the work of construction of low cost individual household latrine under Sashwa Bharat Mission @ Rs. 12,000/- per unit amounting to cost of Rs. 3,24,000/-, Rs. 1,56,000 and Rs. 1,20,000/- and in total Rs. 6,00,000/- to the petitioner, as per beneficiaries list enclosed therewith. 5. According to the petitioner, after completion of the said works the petitioner submitted bills against each completed work vide Bill no. 508 dated 24.08.2017 for an amount of Rs. 1,20,000/-, bill No. 869 dated 29.12.2017 for an amount of Rs. 1,56,000/- and bill no. 772 dated 27.11.2017 for an amount of Rs. 3,24,000/-. 6. Therefore, the petitioner has approached the Respondent authorities for release of the payment of the aforesaid bill amount that is legitimately due to the petitioner on successful completion of the aforesaid works in question, but the respondent authorities have kept the matter pending without assigning any reason. Accordingly, the present writ petition is filed. 7. Mr. R. R. Gogoi, learned Standing Counsel for the P.H.E. Department has produced an instruction issued by the Chief Engineer (PHE), Sanitation, Assam, which goes to show that out of the total claim of the petitioner, an amount of Rs. 2,40,000/- has already been made and the balance amount due is only Rs. 3,60,000/-. 8. It is further revealed from the aforesaid instruction that the payment for remaining work shall be made by the Executive Engineer (PHE), Rangia Division, after verification as per availability of beneficiary list. Page No.# 4/4 9. In view of the aforesaid, Mr. A. Gohain, learned counsel for the petitioner submits that the remaining admitted amount of Rs. 3,60,000/- may be directed to the respondent authorities to be paid, after verification, to which, Mr. Gogoi, learned Standing Counsel for the PHE Department has not objected. 10. Accordingly, as agreed to by the learned counsel for the parties, this writ petition stands disposed of with a direction to the Chief Engineer (PHE), Sanitation, Assam, Hengrabari, Guwahati-36, to verify the claim of the petitioner as reflected and admitted in communication dated 16.06.2025 and after verification, if it is found due, same be paid within a period of three months from the date of receipt of the certified copy of this order to be furnished by the petitioner before the Chief Engineer (PHE), Sanitation, Assam. The Executive Engineer (PHE), Rangia Division, shall duly co-operate in such verification. 11. The copy of the instruction dated 16.06.2025 addressed to Mr. P. N. Goswami, learned Additional Advocate General, Assam issued by the Chief Engineer (PHE), Sanitation, Assam is kept on record. 12. This writ petition stands disposed of. JUDGE Comparing Assistant