Page No.# 1/5 GAHC010069932025 2026:GAU-AS:10279 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1960/2025 UTTAM KUMAR SINHA S/O- PRAN SINHA, RESIDENT OF VILLAGE- UNAMGAON, P.O. AND P.S.- PATHERKANDI, DISTRICT SRIBHUMI, ASSAM- 788724. VERSUS THE STATE OF ASSAM AND 4 ORS. TO BE REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI 06 2:THE CHIEF ENGINEER MINOR IRRIGATION ASSAM CHANDMARI GUWAHATI-03 3:THE SUPERINTENDING ENGINEER CACHAR CIRCLE (IRRIGATION) SILCHAR CACHAR ASSAM 4:THE EXECUTIVE ENGINEER KARIMGANJ DIVISION (IRRIGATION) SRIBHUMI ASSAM 5:THE ACCOUNT OFFICER KARIMGANJ DIVISION (IRRIGATION) SRIBHUMI ASSA Page No.# 2/5 For the Petitioner(s) : Mr. R.A. Mazumder, Advocate For the Respondent(s) : Mr. N. Upadhaya, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 27.07.2026 Heard Mr. R.A. Mazumder, the learned counsel appearing on behalf of the petitioner and Mr. N. Upadhaya, the learned Standing Counsel for the Irrigation Department appears on behalf of the respondents. 2. The case of the petitioner herein is that the petitioner is aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the amount to which the petitioner is entitled to upon completion of work. 3. It is the case of the petitioner that a contract work, namely, "Remod. & Impt. of Patherkandi ELIS, Kachubari Centre No-1 – “Supply & Installation of 8 HP Diesel Water Pump Sets- 2 Nos. with suction and delivery pipes, including all other accessories, and renovation/construction of Pump House" under the M&R for the year 2018–19, corresponding to Work Order No. KID/WO/30/548 dated 21.01.2020, was awarded by the respondent No. 4 to the petitioner. The petitioner duly completed the said contract work, and in that regard, the Page No.# 3/5 respondent No. 4 issued a Completion Certificate certifying that the total value of the work executed was Rs. 5,37,000/-, which was also recorded as the admitted amount. It is the further case of the petitioner that although the aforesaid amount was admitted by the respondent authorities and the bill and bill amount under the M&R for the year 2018–19 were duly prepared, the respondent authorities failed to release the admitted amount in favour of the petitioner. Being agrreived, the petitioner served a legal notice dated 02.02.2023 upon the respondent No. 4 demanding payment of the aforesaid admitted bill amount. Thereafter, the respondent No. 4, by communication dated 21.12.2024, forwarded the petitioner's claim, along with the claims of other similarly situated contractors, to the Chief Engineer, Irrigation Department, for release of the outstanding payment. However, in spite of the said recommendation, no payment has been released to the petitioner. 4. The learned counsel for the petitioner submitted that the petitioner had also submitted representations dated 27.11.2024 and 29.11.2024 before the concerned respondent authorities, requesting the release of the outstanding admitted amount. However, in spite of the submission of the said representations, no action was taken by the respondent authorities, and the Page No.# 4/5 petitioner's grievance remained unaddressed, for which, the petitioner has approached this Court by filing the present writ petition under Article 226 of the Constitution of India. 5. Mr. N. Upadhaya, the learned Standing Counsel appearing on behalf of the Irrigation Department submitted that as to whether the petitioner had completed the work in terms with the work order in question is a subject matter of verification which needs to be carried out by the Respondent Authorities and it is only on the basis of such verification, the actual entitlement of the petitioner could be ascertained. 6. Upon hearing the learned counsels for the parties, this Court is of the opinion that the interest of justice would be met if a direction is given to the Respondent Authorities to verify as to whether the petitioner has completed the work in accordance with the work order and thereupon to ascertain the exact amount to which the petitioner is entitled to, if any. 7. It is under such circumstances, this Court therefore disposes of the instant writ petition thereby directing the Respondent Authorities more particularly the respondent Nos. 2, 3 and 4 to verify the entitlement of the petitioner on the basis of the work order which was issued in favour of the petitioner and as to whether the petitioner had completed the work in question and Page No.# 5/5 thereupon, after verification if it is found that the petitioner is entitled to any amount, the same should be paid to the petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the respondent No.2 and the payment thereupon be made in terms with the judgment rendered in the case of Tamsher Ali (supra). 8. With above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant