Page No.# 1/4 GAHC010277582025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/14/2026 NAVAJYOTI GOHAIN S/O SRI RUHITESWAR GOHAIN, R/O.- NO. 2 GOHAIN GAON, BORDOLONI, P.O. GOHAINGAON, DIST. DHEMAJI, ASSAM. VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF REVENUE AND DISASTER MANAGEMENT, ASSAM, DISPUR, GUWAHATI- 06. 2:THE SECRETARY TO THE GOVT. OF ASSAM WATER RESOURCE DEPARTMENT ASSAM DISPUR GUWAHATI-06. 3:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT (GENERAL) DEPARTMENT ASSAM DISPUR GUWAHATI-06. 4:THE DEPUTY COMMISSIONER-CUM-CHAIRMAN OF DISTRICT DISASTER MANAGEMENT AUTHORITY DHEMAJI DIST. DHEMAJI ASSAM PIN- 787057. 5:THE ADDITIONAL DEPUTY COMMISSIONER (THEN) DHEMAJI DIST. DHEMAJI Page No.# 2/4 ASSAM 6:THE ADDITIONAL CHIEF ENGINEER UPPER ASSAM ZONE WATER RESOURCES DEPARTMENT DIBRUGARH DIST. DIBRUGARH ASSAM 7:THE SUPERINTENDENT ENGINEER LAKHIMPUR WATER RESOURCES CIRCLE NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM 8:THE EXECUTIVE ENGINEER WATER RESOURCE DIVISION DHEMAJI DIST. DHEMAJI ASSAM PIN- 787057 Advocate for the Petitioner : MR. B K GOGOI, MR B DEORI Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 22.07.2026 Heard Shri B.K. Gogoi, learned counsel for the petitioner and Shri S. Dutta, learned Standing Counsel, Revenue Department, Assam. Also heard Ms. R. Deka, learned Standing Counsel, Water Resources Department, Assam as well as Shri K. Gogoi, learned State Counsel, Assam. 2. The matter pertains to a claim for release of contractual dues. Page No.# 3/4 3. As per the facts projected, the petitioner, who is a registered Contractor with the Water Resources Department, was entrusted with certain works, namely, “Immediate measures for closing of breach and restoration of flood damaged to the M/E along L/B of river Kumatia (Ch 5750m to 10600 m) under SDRF for 2016-17”. The work is claimed to have been completed and bills submitted in spite of which, those were not released and accordingly, the instant petition has been instituted. 4. The scope of interference by a Writ Court in matters relating to claim of contractual dues is limited as the same involves questions of facts which are disputed in nature. The Hon’ble Full Bench of this Court in the case of Tamsher Ali & Ors. Vs. State of Assam & Ors., reported in 2008 (4) GLT 1 has, however, laid down certain exceptions which, amongst others requires an acknowledgment of the liability in writing by the Chief Engineer/ Head of the Department. 5. In the instant case, it is, however, seen that the admission has come in the form of an affidavit filed by the respondent nos.1 and 3 on 29.06.2026. In paragraph 5 of the said affidavit, the following averments have been made: “5. That the office of the Deponent has received the relevant reports/documents pertaining to the scheme in question i.e., "Immediate Measures for closing of breach and restoration of flood damaged to the M/E along L/B of river Kumatiya (Ch.5750 m-10600 m) under SDRF for 2016-17" from the office of the District Commissioner, Dhemaji vide letter under No. DM-28/2026-DDMODMJ/2026 dated...N/L..... Upon examination/verification of the same, it is found that the Petitioner has executed the works/scheme in question and accordingly the Office of the Deponent has approved the claimed amount i.e., Rs.1,35,455/- (Rupees One Lakh Thirty Five Thousand Four Hundred and Fifty Five) only for release of fund to the District Commissioner, Dhemaji. To that effect the Office of the Deponent has also initiated necessary steps for release of budget to the District Commissioner, Page No.# 4/4 Dhemaji vide Budget Allotment No.05 DMJ/GAD/001 2026-27(1) 10 dated 22.06.2026. Upon release of budget, the Office of the Deponent shall initiate necessary process for issuance of Financial Sanction as well as submission of Ceiling Proposal to the Finance Department. Upon completion of the entire process as per norms, the budget will be released to the Drawing and Disbursing Officer (DDO) concerned for releasing the same to the Petitioner.” 6. In view of the aforesaid position, this Court is of the opinion that the instant case can be disposed of by following the principles laid down by the Hon’ble Full Bench in the case of Tamsher Ali (supra). Therefore, it is directed that the dues of the petitioner be cleared by putting his name in the chronological order and as per seniority of the claim. JUDGE Comparing Assistant