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2025 DAILYLAW 9263 (GAU)

MD. FAZAR ALI v. THE STATE OF ASSAM AND 3 ORS

WP(C)/1527/2024 · 2025-08-28

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010056072024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1527/2024 MD. FAZAR ALI S/O- ALIRAJA, R/O- UDMARI, P.O. KARAIGURI, DIST. HOJAI, PIN- 782439. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-781006. 2:THE EXECUTIVE ENGINEER (PHE) HOJAI DIVISION HOJAI NAGAON DISTRICT PIN- 782435. 3:THE ASSISTANT EXECUTIVE ENGINEER (PHE) HOJAI DIVISION HOJAI NAGAON DISTRICT-782435. 4:THE ACCOUNTS OFFICER (PHE) HOJAI DIVISION HOJAI NAGAON DISTRICT-782435 Advocate for the Petitioner : MS. B CHOWDHURY, IMSENKALA Advocate for the Respondent : SC, P H E, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 29.08.2025 Heard Ms. B. Choudhury, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned standing counsel, PHED appearing for all the respondents. 2. By filing this writ petition, the petitioner has challenged the action/inaction of the respondents in not disbursing the outstanding dues payable to the Petitioner for construction of clear water pump house at Lanka Revenue Town PWSS under the programme Noh Plan( Defunct); for laying of distribution network(Labour charge only) approx. Length= 2800.0M at Lanka Revenue Town of boundary fencing at Lanka Revenue Town PWSS under the programme Non Plan (Defunct); for internal electrification of pump house at Lanka Revenue Town PWSS under the programme Non Plan (Defunct); for internal electrification of staff accommodation at Lanka Revenue Town PWSS under the programme Non Plan (Defunct); for providing laying clear water pumping main along with back wash arrangement at Lanka Revenue Town PWSS under the programme Non Plan (Defunct); for site development at Lanka PWSS under the programme Non Plan (Defunct); for site development at Lanka PWSS under the programme Non Plan (Defunct); for repairing of Gr. IV staff Qtr. at Lanka R.T. PWSS under the programme Non Plan (Defunct); for Horizontal boring in different municipal road at Lanka R.T. PWSS under the programme Non Plan (Defunct); for Trial run at Lanka R.T. PWSS under the programme Non Plan (Defunct); for installation of Raw water pump set( Submersible pump set) at Lanka PWSS under the programme Non Plan (Defunct); for site development at Page No.# 3/4 Lanka PWSS the programme Non Plan (Defunct) for the year 2014-15. The petitioner further prays for reimbursement of the contractual dues, incurred in constructing Rapid sand filter (4.00M²) at Bordolong PWSS; for internal electrification work of pump house at Bordolong PWS internal electrification of pump house at Bordolong PWSS under the programme Non Plan (Defunct); for installing and commissioning of vermin and dust proof totally enclosed cubical indoor type wall mounting panel board at Dakhin Laskar Pathar PWSS under the programme Non Plan (Defunct) for the year 2014-15, under Hojai PHE Division Public Work Supply Scheme. 3. It is the case of the petitioner that upon completion of the works, the petitioner submitted bills amounting to Rs.13,22,548/- before the respondent authorities, and upon due verification, the respondent authorities issued the work completion certificate. Thereafter, the petitioner verbally approached the respondent authorities for release of the said amount, whereupon the respondent authorities assured that the fund would be released; however, till date, no payment has been made in favour of the petitioner. 4. The learned counsel for the petitioner submits that the petitioner had submitted various representations to the respondent authorities for release of the amount. However the said amount of Rs.13,22,548/- has not been paid as on date. Therefore, prayed for a direction to release the said amount to the petitioner. 5. Considering the above, this Court is of the view that the instant writ petition can be disposed of with a direction to the respondent authorities to verify the claim of the petitioner and if found admitted, shall pay an amount of Rs.13,22,548/- to the petitioner. 6. Accordingly, the writ petition is disposed of with a direction to the respondent authority to verify the claim of the petitioner within 1 (one) month from the date of receipt of the certified copy of this order. In the event, if it is found admitted, same shall be paid within 2 (two) months thereafter. Page No.# 4/4 7. Writ petition stands disposed of. JUDGE Comparing Assistant