Page No.# 1/3 GAHC010052642025 2025:GAU-AS:2753 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1448/2025 FAKRUL ISLAM MAZARBHUIYA S/O- LATE ABDUS SAMAD MAZARBHUIYA, R/O-VILL- BHATIRKUPA PT III, PO- BHATIRKUPA, DIST- HAILAKANDI, ASSAM, PIN- 788152 VERSUS THE STATE OF ASSAM 2 ORS. REP BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT, DISPUR, GUWAHATI- 06 2:THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMPLEX SRI NAGAR PATH NEAR POST OFFICE BUS STAND G.S. ROAD CHRISTIAN BASTI GUWAHATI-781005 3:THE CHIEF CONSULTANT (CW) NATIONAL HEALTH MISSION ASSAM O/O THE MISSION DIRECTOR NATIONAL HEALTH MISSION SAIKIA COMPLEX SRI NAGAR PATH NEAR POST OFFICE BUS STAND G.S. ROAD Page No.# 2/3 CHRISTIAN BASTI GUWAHATI-78100 Advocate for the Petitioner : MRS. K DEVI, MS S A KHALIFA Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 17.03.2025 1. Heard Ms. K. Devi, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned standing counsel, Health Department, for the respondent No. 1 and Ms. A. Das, learned standing counsel, NHM, Assam for the respondent Nos. 2 & 3. 2. The petitioner was issued a Letter of Acceptance on 17.01.2023 by the Chief Consultant (CW), National Health Mission, Assam for constructions of PHC at Kacharitol in Hailakandi district under National Health Mission, Assam. Thereafter, the Mission Director, National Health Mission, Assam issued a Notice to proceed with the work on 16.02.2023. The petitioner, accordingly, completed the work and the Junior Engineer (Civil), NHM, DHS, Hailakandi issued the Physical Status Report of the work as on 30.01.2024. It is the case of the petitioner that while carrying out the construction work, some discrepancies were noticed in the approved drawing of the said project and the actual work and accordingly, the said discrepancies were immediately brought to the notice of the respondent authorities. The further case of the petitioner is that the respondents agreed with the discrepancies and instructed the petitioner to continue with the work by assuring to adjust the same at the time of final Page No.# 3/3 measurement and handing/taking over of the project. However, as nothing was done, the petitioner made representations before the Mission Director, National Health Mission, Assam/Respondent No. 2 on 07.02.2024, 19.02.2024 and 06.03.2024. The petitioner again made a representation on 21.01.2025 before the Respondent No. 2 for release of the balance amount of final bill as per plan and estimated approved rate. However, the said representations are yet to be considered by the Respondent No. 2 till date. 3. The learned counsel for the petitioner submits that the petitioner would be satisfied if a direction is given to the Respondent No. 2 to dispose of the representation made by the petitioner on 21.01.2025. 4. Ms. A. Das, learned standing counsel, NHM, appearing for the respondent Nos. 2 & 3 has also no objections. 5. Accordingly, this writ petition is disposed of directing the respondent No. 2 to consider and dispose of the representation dated 21.01.2025 made by the petitioner in accordance with law within a period of 1 (one) month from today. The outcome of the consideration shall also be intimated to the petitioner thereafter. 6. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant