Page No.# 1/6 GAHC010103422026 2026:GAU-AS:12954 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2797/2026 JIBON SARMAH S/O- LATE PURNA KANTA SARMA, R/O.- BORIGAON KHAJURIGURI, NEAR BYPASS, JORHAT EAST, P.O.- JORHAT, P.S.-JORHAT PIN- 785001, DIST- JORHAT, ASSAM VERSUS UNION OF INDIA AND 6 ORS MINISTRY OF JAL SHAKTI E-GOVERNANCE CELL, 6TH FLOOR CABIN, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110001. 2:BRAHMAPUTRA BOARD BASISTHA GUWAHATI ASSAM PIN 781029 3:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCES DEPARTMENT DISPUR GUWAHATI-6 4:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT ASSAM BASISTHA GUWAHATI-29 5:THE SUPERINTENDENT ENGINEER SIVASAGAR CIRCLE W.R. DEPARTMENT SIVASAGAR PIN-785640. Page No.# 2/6 6:THE EXECUTIVE ENGINEER SIVASAGAR W.R. DIVISION SIVASAGAR PIN-785640. 7:THE ASSISTANT EXECUTIVE ENGINEER SIVASAGAR W.R. SUB-DIVISION SIVASAGAR PIN- 785640 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Advocate for the Petitioner(s) : Mrs. K. K. Choudhury, Advocate Advocate for the Respondent(s) : Ms. A. Gayan, CGC Ms. R. Deka. SC, WR Deptt. Date on which judgment is reserved : NA Date of pronouncement of judgment : 07.09.2026 Whether the pronouncement is of the Operative part of the judgment? : Yes Whether the full judgment has been Pronounced? : No JUDGMENT AND ORDER (ORAL) Heard Mrs. K. K. Choudhury, the learned counsel appearing on behalf of the Petitioner. Ms. A. Gayan, the learned CGC appears on behalf of the Respondent No.1 and Ms. R. Deka, the learned Page No.# 3/6 counsel appears on behalf of the Respondent Nos.2 to 7. 2. The instant writ petition is filed by the Petitioner challenging the non-payment of the balance amount of Rs.1,24,547/- for completion of the contract work under the Scheme for Protection of B/Dyke from the erosion of river Brahmaputra from Dikhowmukh to Mukaloni (Dikhowmukh and Rupahimukh area). 3. The case of the Petitioner herein is that the Petitioner is a registered contractor with the Water Resources Department, Sivasagar. The Petitioner was allotted the contract work under the Scheme of Protection of B/Dyke from the erosion of the river Brahmaputra from Dikhowmukh to Mukaloni (Dikhowmukh and Rupahimukh area). Upon completion of the said contract work, the Petitioner submitted a bill amounting to Rs.10,87,131/- before the Respondent Authorities. It is the further case of the Petitioner that, out of the said bill amount, an amount of Rs.9,62,584/- has been paid to the Petitioner, leaving a balance of Rs.1,24,547/-. The Petitioner has made repeated requests before the Respondent Authorities for release of the balance amount due to him for the work completed in the year 2016 itself. However, till date, the Respondent Authorities have not released the said balance amount to the Petitioner. 4. The learned counsel appearing on behalf of the Petitioner Page No.# 4/6 submitted that the Petitioner has been pursuing the matter bonafidely and diligently with the Respondents, but the Respondent Authorities have not shown any interest in making payment of the admitted amount of Rs.1,24,547/- due to the Petitioner for which the Petitioner is facing hardship. The learned counsel for the Petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the Petitioner. Hence, the Petitioner has approached this Court by filing the instant writ petition. 5. This Court has perused the affidavit-in-opposition filed by the Respondent No.4. Paragraphs 7 and 8 of the said affidavit-in- opposition being relevant is reproduced herein under:- “7. That the deponent begs to state that the Scheme "Protection of Brahmaputra dyke from the erosion of river Brahmaputra from Dikhowmukh to Mukaloni (Dikhowmukh to Rupahimukh area)" is a Flood Management Project (FMP) where 90% of the fund has been borne by the Ministry of Jal Shakti, Union of India and 10% has been borne by the State Government. The total bill value of the petitioner for the work done by the petitioner is Rs. 10,87,131.00 (Rupees Ten Lakhs Eighty Seven Thousand One Hundred Thirty One Only) out of which an amount of Rs. 9,62,584.00 (Rupees Nine Lakhs Sixty Two Thousand Five Hundred & Eighty Four Only) was already paid to the petitioner leaving balance amount of Rs. Page No.# 5/6 1,24,547.00 (Rupees One Lakh Twenty Four Thousand Five Hundred Forty Seven Only). 8. That the deponent most respectfully begs to state that out of an amount of Rs. 10,87,131.00 (Rupees Ten Lakhs Eighty Seven Thousand One Hundred Thirty One Only), an amount of Rs. 9,62,584.00 (Rupees Nine Lakhs Sixty Two Thousand Five Hundred & Eighty Four Only) has been paid to the petitioner and the remaining amount could not be paid due to non receipt of Central Fund from the Ministry of Jal Shakti, Union of India.” 6. Ms. A. Gayan, the learned CGC appearing on behalf of the Central Government submitted that there is no Central Share which is outstanding against the Scheme Code AS-96 in as much as the total Central Share was Rs.1039.516 lakh and the State Share was Rs.260.484 lakh and Rs.1300 lakh has already been released. In that regard, an instruction has been placed before this Court which is kept on record and marked with the letter “X”. 7. Taking into account that there is a clear admission on the part of the Water Resources Department in the affidavit that the Petitioner is entitled to the amount of Rs.1,24,547/-, it is therefore the opinion of this Court that the Water Resources Department has to make payment of the said amount to the Petitioner. 8. Accordingly, this Court directs the Chief Engineer, Water Page No.# 6/6 Resources Department, i.e. the Respondent No.4 to make payment of Rs.1,24,547/- after making deduction of the necessary taxes to the Petitioner. 9. The said amount be disbursed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the Chief Engineer of the Water Resources Department. 10. With the above, the instant writ petition stands disposed of. JUDGE Comparing Assistant Pradip Kumar Kalita Digitally signed by Pradip Kumar Kalita Date: 2026.09.10 17:42:32 +05'30'