Page No.# 1/3 GAHC010280322025 2026:GAU-AS:1611 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7431/2025 ANOWAR HUSSAIN S/O- LATE RIAZ UDDIN. VILL.- NASATRA, P.O.- NASATRA, P.S.- ABHAYAPURI, DIST.- BONGAIGAON, ASSAM, PIN- 783384. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND D.M. (LR) DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF LAND RECORD AND SURVEYS ASSAM RUPNAGAR GUWAHATI-32. 3:THE DISTRICT COMMISSIONER BARPETA DIST.- BARPETA ASSAM PIN- 781301. 4:THE CIRCLE OFFICER BARPETA REVENUE CIRCLE P.O. P.S. AND DIST.- BARPETA ASSAM PIN- 781301. 5:THE TREASURY OFFICER BARPETA P.O. AND P.S. AND DIST.- BARPETA Page No.# 2/3 ASSAM PIN- 781301 For the Petitioner(s) : Mr. H.R. Khan, Advocate For the Respondent(s) : Mr. A. Chakraborty, Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 06.02.2026 Heard Mr. H.R. Khan, the learned counsel appearing on behalf of the petitioner. Mr. A. Chakraborty, the learned Government Advocate appears on behalf of the respondents. 2. The petitioner herein is aggrieved by the fact that though he was put under suspension vide the order dated 05.08.2025, he has not been paid the subsistence allowance to which he is otherwise entitled as per law. 3. Mr. A. Chakraborty, the learned Government Advocate appearing on behalf of the respondents has placed before this Court an order dated 31.12.2025 issued by the District Commissioner, Barpeta wherein it is mentioned that the subsistence allowance of the petitioner has been sanctioned in terms with F.R. 53(1)(ii)(a) of the F.R. & S.R. insofar as the same is applicable to the State of Assam. The said order is kept on record and marked with the letter “X”. Page No.# 3/3 4. Mr. H.R. Khan, the learned counsel appearing on behalf of the petitioner submitted that in spite of the sanction, the petitioner has not received the subsistence allowance. 5. Taking into account that there is already an order sanctioning the subsistence allowance, the respondents herein are duty-bound to release the subsistence allowance to the petitioner not only as per law, but also in terms with the order dated 31.12.2025. 6. Accordingly, the instant writ petition stands disposed of with a direction to the respondents, more particularly, the District Commissioner, Barpeta to take appropriate steps for releasing the arrear subsistence allowance of the petitioner for the period from 01.08.2025 till 31.12.2025, within a period of 15 (fifteen) days from the date a certified copy of the present order is served upon the District Commissioner, Barpeta. The District Commissioner, Barpeta shall thereupon file an affidavit of compliance before this Court within a period of 2 (two) months. 7. As regards the subsistence allowance from 01.01.2026 onwards, the same shall be released on month to month basis as per law. JUDGE Comparing Assistant