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2025 DAILYLAW 8857 (GAU)

JYOTIRMOY SARMAH v. THE STATE OF ASSAM AND 4 ORS

WP(C)/1330/2023 · 2025-09-04

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010049582023 2025:GAU-AS:12117 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1330/2023 JYOTIRMOY SARMAH S/O- LATE PRAMOD CHANDRA SARMA, R/O- WARD NO-10, BHABERGHAT, P.O AND P.S- MANGALDAI, DIST- DARRANG, ASSAM, PIN-784125 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE ADDL. CHIEF SECRETARY SECRETARY TO THE GOVT. OF ASSAM, SOIL CONSERVATION DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SOIL CONSERVATION DEPARTMENT DISPUR GUWAHATI-6 ASSAM 3:THE DIRECTOR OF SOIL CONSERVATION ASSAM R.G. BARUAH ROAD GUWAHATI-5 ASSAM 4:THE DIVISIONAL OFFICER DARRANG SOIL CONSERVATION DIVISION MANGALDAI ASSAM PIN-784125 Page No.# 2/4 5:JUNIOR ENGINEER DARRANG SOIL CONSERVATION DIVISION MANGALDAI ASSAM PIN-78412 Advocate for the Petitioner : MR. P K MAZUMDAR, MR. R K MAZUMDAR Advocate for the Respondent : SC, SOIL CONSERVATION DEPTT., BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 05-09-2025 Heard Mr. P. K. Mazumdar, learned counsel for the petitioner and Mr. P. Hazarika, learned counsel appearing on behalf of Mr. S. R. Rabha, learned Standing Counsel, Soil Conservation Department for all the respondents. 2. By filing this writ petition, the petitioner has prayed for a direction to release the admitted outstanding bill amount of Rs. 1,56,800/- (Rupees One Lakh Fifty Six Thousand Eight Hundred) on account of execution of work for repairing of Deunagoan Gully Control Project 2013-14 under Darrang Soil Conservation Division, Mangaldoi. 3. The case of the petitioner is that he is a contractor by profession, who executes contract work under the Soil Conservation Department of the State of Assam. Pursuant to the tender issued by the Soil Conservation Department, the petitioner was awarded the work for repairing of Deunagoan Gully Control Project 2013-14 under Darrang Soil Conservation Division, Page No.# 3/4 Mangaldoi, with a tender value of Rs. 1,56,800/- (Rupees One Lakh Fifty Six Thousand Eight Hundred). It is contended that the petitioner has satisfactorily executed and completed the work. However, despite repeated requests, the outstanding bill amount of Rs. 1,56,800/- (Rupees One Lakh Fifty Six Thousand Eight Hundred) has not been released by the respondent authorities without there being any reason to withhold the payment. 4. Mr. P. Hazarika, learned counsel appearing for the Soil Conservation Department by placing a copy of the communication, dated 04.09.2025, submits that proposal for Financial Sanction and release of fund through Fixing of Ceiling has been sent to the Administrative Department vide letter dated 17.06.2025 and upon completion of the process of approval and sanction, same shall be released to the petitioner. 5. Having considered that the petitioner has executed and completed the work for repairing of Deunagoan Gully Control Project 2013-14 under Darrang Soil Conservation Division, Mangaldoi and also considering that the claim amount of Rs. 1,56,800/- (Rupees One Lakh Fifty Six Thousand Eight Hundred) is not disputed rather the process has already been initiated for sanction and approval of the amount for payment, I deem it appropriate to dispose of the writ petition with a direction to the respondent authorities to release the admitted amount of Rs. 1,56,800/- (Rupees One Lakh Fifty Six Thousand Eight Hundred) to the petitioner. 6. Accordingly, the respondent authorities are directed to release the outstanding amount of Rs. 1,56,800/- (Rupees One Lakh Fifty Six Thousand Eight Hundred) to the petitioner, within a period of 4 (months) months from the date of receipt of the certified copy of this order. 7. The copy of the communication dated 04.09.2025, issued by the Director, Soil Conservation, Assam, is kept on record. Page No.# 4/4 8. Writ petition stands disposed of. JUDGE Comparing Assistant