Page No.# 1/3 GAHC010238932025 2026:GAU-AS:12940 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/164/2026 SALAM MIA S/O LATE ABDUL HOQUE, R/O VILL- KABARIBOND, P.O.- PATHERKANDI, DIST- SRIBHUMI, ASSAM, PIN-788724 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE SPECIAL CHIEF SECRETARY TO THE GOVT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-6 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING ASSAM HENGRABARI GUWAHATI-36 3:THE EXECUTIVE ENGINEER (PHE) SRIBHUMI DIVISION SRIBHUMI ASSAM PIN-788712 4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI- Advocate for the Petitioner : MR. N HAQUE, MR. A K AZAD,MR K UDDIN Advocate for the Respondent : SC, P H E, SC, FINANCE Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 07.09.2026 Heard Mr. K Uddin, learned counsel for the petitioner. Also heard Mr. R R. Gogoi, learned Standing Counsel for PHE. None appears for the Finance Department. 2. Notices in this matter were issued on 16.02.2026; the earlier orders recorded that in the event there are no documents as regards admission of liability from the authorities, the writ petition may be closed on the next date of listing. The petitioner was allowed to file an additional affidavit. 3. The question of maintainability was kept open by the order dated 27.02.2026. 4. By the order dated 08.05.2026, this Court have observed that the respondent should file their affidavit on or before 24.08.2026. 5. No affidavit is found on the record either on behalf of the petitioner or on behalf of the respondents. 6. This Court does not deem it proper to keep this petition pending, awaiting response to a claim which is evidently made after nearly 10 years of the liability having arisen. 7. Accordingly, this petition is closed, directing the respondent No. 2 to look into the liability certificate and other documents placed in this petition and pass Page No.# 3/3 necessary orders, after conducting such enquiry as may be necessary to declare whether the petitioner is entitled to payment for alleged completion of work allotted to him. 8. The petitioner shall be informed of the decision of the respondent No. 2 within a period of 8 weeks from the date of receipt of the certified copy of this order. 9. Petitioners shall supply the certified copy along with a copy of this petition to respondent No. 2 within a period of 2 weeks from today. In the event the petitioner is found to be entitled to payment as per his claim, the payment shall be made in accordance with the decision delivered by this court in Tamsher Ali & Ors Vs. the State of Assam reported in 2008 (4) GLT 1. 10. The writ petition is accordingly disposed of. JUDGE Comparing Assistant