Page No.# 1/4 GAHC010152102025 2026:GAU-AS:3600 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4085/2025 ALOK KUMAR BISWAS S/O- LATE ANIL CHANDRA BISWAS, R/O- SAUTAL BASTI, P.O. JUGIJAN BAZAR, P.S. AND DIST. HOJAI, ASSAM, PIN- 782429. VERSUS THE GOVERNMENT OF ASSAM AND 5 ORS PUBLIC HEALTH ENGINEERING (P.H.E) DEPARTMENT, REPRESENTED BY ADDITIONAL CHIEF SECRETARY GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006. 2:THE ADDL. MISSION DIRECTOR JJM ASSAM CUM CHIEF ENGINEER (P.H.E.) WATER HENGRABARI GUWAHATI-781036. 3:THE ADDITIONAL CHIEF ENGINEER P.H.E. UPPER ASSAM ZONE DIST- NAGAON ASSAM PIN- 782001. 4:THE SUPERINTENDENT ENGINEER (PHE) NAGAON CIRCLE DIST. NAGAON ASSAM PIN- 782001. 5:THE EXECUTIVE ENGINEER (PHE) Page No.# 2/4 HOJAI DIVISION DIST. HOJAI ASSAM PIN- 782428. 6:THE ASSISTANT EXECUTIVE ENGINEER (PHE) HOJAI SUB-DIVISION DISTRICT- HOJAI ASSAM PIN- 782428 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) : Mr. G Uddin Advocates for the respondent(s) : Mr. RR Gogoi Standing Counsel, PHE Date on which Judgment is reserved : NA Date of Pronouncement of Judgment : 11.03.2026 Whether the Pronouncement is of the : NA Operative Part of the Judgment Whether the Full Judgment has been : Yes Pronounced JUDGMENT & ORDER (ORAL) Heard Mr. G Uddin, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. RR Gogoi, the learned Standing Counsel who Page No.# 3/4 appears on behalf of the PHE Department that the affidavit-in-opposition has been filed. 2. The petitioner herein has filed the instant writ petition claiming an amount of Rs.53,57,899/-. It is the case of the petitioner that the petitioner has carried out 16 work orders under the Scheme namely Karaiyani PWSS, Tengatoli PWSS, Oksek Trishguri PWSS, Pub-Bandermela PWSS and Alinagar PWSS issued by the respondent Nos. 3 and 5. Out of the total amount of Rs.55,01,369/- to which the petitioner claims to be entitled to, only an amount of Rs.1,43,470/- has been paid and the remaining amount of Rs.53,57,899/- though admitted have not been paid for which the petitioner has approached this Court. 3. It is seen that pursuant to a notice being issued by this Court on 25.07.2025, an affidavit has been filed by the respondent No.5 stating inter alia, that the petitioner is not entitled to an amount of Rs.53,57,899/-, but is only entitled to an amount of Rs.26,23,383/-. 4. Taking into account that the very Office of the Executive Engineer i.e. the respondent No.5 had issued a liability certificate of Rs.53,57,899/-, this Court passed an order dated 01.12.2025 directing the Chief Engineer PHE to file an affidavit explaining the said discrepancy. In pursuance thereto, an additional affidavit has been filed by the respondent No.2 on 07.01.2026, wherein it is mentioned that pursuant to the order passed by this Court certain verifications were carried out and it was found that the petitioner was only entitled to Rs.26,23,383/-. Page No.# 4/4 5. Taking into account the above, it is, therefore, clear that the respondent authorities herein had duly admitted an amount of Rs.26,23,383/-. However, the remaining amount of Rs.27,34,516/- was denied. 6. Accordingly, this Court disposes of the instant writ petition with the following observations and directions: (i). Taking into account that the respondents have duly admitted an amount of Rs.26,23,383/-, the respondent authorities herein, and more particularly, the respondent Nos.1, 2 and 3 are directed jointly and severely to take effective steps for releasing the said amount of Rs.26,23,383/- within a period of 5(five) months from the date a certified copy of the instant order is served upon the respondent No.2. (ii). As regards the remaining amount of Rs.27,34,516/- taking into account that the respondents have disputed the same, the petitioner would at liberty to approach the competent Court of Civil Jurisdiction claiming the said amount, if so permissible under the law. For that purpose, this Court observes that as the petitioner has been bona fidely, litigating the instant writ petition, the period from 27.06.2025 till date be excluded while computing the period of limitation. 7. Writ petition accordingly, stands disposed of. JUDGE Comparing Assistant