Page No.# 1/3 GAHC010170882026 2026:GAU-AS:14436 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5261/2026 M/S M H CONSTRUCTION HAVING ITS OFFICE AT WARD NO. 20 GROUND FLOORGAYATRI PLAZA ABC GS ROAD GUWAHATI 781005, DISTRICT KAMRUP METRO ASSAM, REPRESENTED BY ITS PROPRIETOR, SRI RAKESH AGARWAL VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI, DISTRICT KAMRUP METRO, ASSAM 2:THE CHIEF ENGINEER PHE (WATER) ASSAM HENGRABARI GUWAHATI DISTRICT KAMRUP METRO 3:THE ADDITIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING (PHE) LOWER ASSAM ZONE BAMUNIMAIDAM GUWAHATI DISTRICT KAMRUP METRO ASSAM 4:THE EXECUTIVE ENGINEER PHE BARPETA DIVISION DISTRICT BARPETA ASSAM 5:THE SECRETARY Page No.# 2/3 DEPARTMENT OF FINANCE GOVERNMENT OF ASSAM DISPUR GUWAHATI DISTRICT KAMRUP METRO ASSA For the Petitioner(s) : Mr. R. Bora, Advocate For the Respondent(s) : Mr. P. Nayak, Addl. A.G. Mr. R.R. Gogoi, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 28.09.2026 Mr. R. Bora, the learned counsel appearing on behalf of the petitioner submitted that there are certain disputed questions of fact which would require adjudication by the Civil Court and as such, the petitioner would be well advised to approach the Civil Court. The learned counsel, however, submitted that the withdrawal of the instant writ petition should not prejudice the petitioner in approaching the competent Court of civil jurisdiction. 2. Considering the above, the instant writ petition stands closed on withdrawal. 3. It is, however, observed that the withdrawal of the instant writ petition shall not prejudice the petitioner in any further proceedings, if so advised. It is also observed that any future Page No.# 3/3 proceedings shall be subject to being permissible under law. JUDGE Comparing Assistant