Page No. 1/4 GAHC010010972026 2026:GAU-AS:4385 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/587/2026 NAZMUL HUSSAIN SON OF RAHIMUDDIN AHMED, R/O VILLAGE CHAMUAPARA, DARRANG, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE COMMISSSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6 2:THE CHIEF ENGINEER MINOR IRRIGATION ASSAAM CHANDMARI GUWAHATI 3:THE SUPERINTENDING ENGINEER MANGALDOI CIRCE IRRIGATION MANGALDOI DARRANG ASSAM 4:THE EXECUTIVE ENGINEER MANGALDOI DALGAON SIPAJHAR DIVISION IRRIGATION MANGALDOI DARRANG ASSAM 5:THE ASSISTANT EXECUTIVE ENGINEER (TC) MANGALDOI DALGAON SIPAJHAR DIVISION IRRIGATION MANGALDOI Page No. 2/4 DARRANG ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, N ISLAM Advocate for the Respondent : SC, IRRIGATION, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 25.03.2026 Heard Mr. M.A.I. Hussain, learned counsel for the petitioner and Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department for all the respondents. 2. The case of the petitioner is that he is a registered Class II Contractor under the respondent Irrigation Department, Assam. On publication of a Notice Inviting Tender [NIT] dated 15.02.2014, the petitioner submitted its tender. Having emerged as the successful bidder, the petitioner was awarded a contract-work, ‘Re-sectioning, raising and strengthening and widening of canal embankment by earth from Ch. 10392.00 M to 10454.00 M of main canal of C.M. Dutta Bund Irrigation Scheme [PH] under AIBP, 2012-13’ [‘the Contract-Work’, for short] having a contract value of Rs. 1,95,000/- [approx.]. For the Contract-Work, the Preliminary Work Order was issued on 10.09.2014 and the Formal Work Order issued on 15.12.2014. 3. According to the petitioner, on being awarded the Contract-Work, the petitioner proceeded to execute the same and successfully completed the same. After completion of the Contract-Work, the petitioner submitted the final bill for an amount of Rs. 1,95,000/-. The petitioner has stated that out of the final bill amount of Rs. 1,95,000/-, the petitioner was paid partly leaving an amount of Rs. 1,00,936/- as outstanding. When despite repeated approaches and representations the balance amount of Rs. 1,00,936/- was not released for a long time, the petitioner has approached this Court by the instant writ petition seeking a direction to the respondent authorities to release the balance amount of Rs. 1,00,936/-. Page No. 3/4 4. The respondents were put to notice on 06.02.2026. The learned Standing Counsel, Irrigation Department was told to obtain instructions as regards the non-payment of the outstanding amount, if any, and to place the same before this Court on the returnable date. 5. Today, Mr. Upadhyay, learned Standing Counsel, Irrigation Department has submitted, on the basis of instructions received from the respondent no. 4 vide an Office Letter no. A/72/Pt-IV/2026/320 dated 19.03.2026, that a demand proposal for the outstanding dues of the petitioner pertaining to the Contract-Work amounting to Rs. 1,00,936/- has already been submitted before the higher authorities. A copy of the Office Letter no. A/72/Pt-IV/2026/320 dated 19.03.2026 of the respondent no. 4, has been placed by Mr. Upadhyay stating that he has permission to place the same before the Court. In the Letter dated 19.03.2026, it is mentioned that the payment of the amount, Rs. 1,00,936/- would be made to the petitioner upon receipt of fund from the competent authority. 6. In view of admission of liability by the respondent no. 4 to the extent of Rs. 1,00,936/-, the learned Standing Counsel, Irrigation Department has submitted that the writ petition can be disposed of with a direction to disburse the amount of Rs. 1,00,936/- or any other amount, if found due to the petitioner upon due verification of the same by the respondent no. 2 with the official records, and thereafter, to disburse the entitled amount to the petitioner by completing the entire process within a period of 4 [four] months. 7. Mr. Hussain, learned counsel for the petitioner has agreed to the above submissions made by Mr. Upadhyay, learned Standing Counsel, Irrigation Department. 8. In view of the broad consensus arrived at by the learned counsel for the parties in the afore-stated manner and considering the fact that the respondent no. 4 has admitted the liability to the extent of Rs. 1,00,936/-, this writ petition is disposed of with a direction to the respondent authorities, more particularly, the respondent no. 2 to verify the claim of the petitioner and if verification of the claim with the available office records, the amount of Rs. 1,00,936/- or any other amount is found due to the petitioner, to release the due amount to Page No. 4/4 the petitioner by completing the entire process within a period of four months from the date of receipt of a copy of this order from the petitioner at his office. 9. This order disposes of the writ petition. JUDGE Comparing Assistant