Page No.# 1/5 GAHC010183142025 2026:GAU-AS:4615 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5302/2025 SIBA KUMAR CHETRY S/O- BIR BAHADUR CHETRY, VILL- DIPATOLA, P.O- KARCHANTOLA, DIST- SONITPUR, ASSAM, PIN-784175 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE CHIEF ENGINEER IRRIGATION ASSAM CHANDMARI GUWAHATI - 781003 3:THE SUPERINTENDING ENGINEER TEZPUR CIRCLE IRRIGATION TEZPUR DIST- SONITPUR ASSAM PIN-784001 4:THE EXECUTIVE ENGINEER NADUAR DIVISION (IRRIGATION) SOOTEA DIST- SONITPUR ASSAM PIN-78417 Advocate for the Petitioner : MR. A K DAS, MR. S C BISWAS,MS. K L R YANTHAN,MS. U Page No.# 2/5 NANDA,MS. J GHOSH Advocate for the Respondent : SC, IRRIGATION, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 30-03-2026 Heard Ms. U. Nanda, learned counsel for the petitioner and Ms. D.S. Neog, learned Standing Counsel, Irrigation Department for all the State respondents. 2. The case of the petitioner, in brief, is that pursuant to tender processes, the petitioner was issued two Work Orders for two contract works – [i] CAD work to cover an area of 13444 Hect. Of canals D1, D2 & D3 of Bordikarai Irrigation Scheme [Ph-v] under CAD & WM programme for the year 2016-17 – ‘Construction of Field drain from Ch. 445.00 m to 1200.00 m at ch.5800.00M [L/S] and from ch 0.00 m to Ch.970.00 m ch 4350.00 M[R/S] of D3M1 canal’ on 17.02.2020 [‘Contract-Work no.-I’, for short]; and [ii] OFD Works of CAD&WM Programme [Ph-V] of Bordekorai Irrigation Scheme – ‘Construction of WC/FC and Appurtenant structure at ch.9250.00M [L/S] of D2 Canal [WC from ch.49.00 M to ch.130.00 M at ch.9250 M [R/S] of D2 Canal’ on 18.01.2021 [‘Contract- Work no.-II’, for short]. The [approx.] value of the Contract-Work no.-I was Rs. 1,25,000/- and the [approx.] value of the Contract-Work no.-II was Rs. 5,85,000/-. 3. According to the petitioner, after being awarded the two Contract-Works, he proceeded to execute the same and completed both the Contract-Works successfully to the satisfaction of the respondent authorities. Upon completion Page No.# 3/5 of the two Contract-Works, completion certificates and utilization statements were issued. The petitioner had submitted the first and final bill for the Contract-Work no.-I for an amount of Rs. 1,22,807/-. For the Contract-Work no.- II, the petitioner submitted the final bill for an amount of Rs. 5,84,745/-. 4. The petitioner has admitted that out of the final bill amount of Rs. 1,22,807/- for the Contract-Work no.-I, a sum of Rs. 61,404/- was released towards part-payment and in respect of the Contract-Work no.-II, a sum of Rs. 2,92,373/- was released as part-payment. As a result, the total outstanding amount remained to be paid for the said two Contract-Works was Rs. 3,53,775/- [=Rs. 61,403/- + Rs. 2,92,372/-]. As despite repeated approaches and representations, the said outstanding dues amounting to Rs. 3,53,775/- has not been released to the petitioner without any reason, the petitioner has approached this Court by the instant writ petition seeking a direction to the respondent authorities to release the said amount forthwith. 5. The respondent authorities in the Irrigation Department has filed an affidavit-in-opposition through the Chief Engineer, Irrigation Department [respondent no. 2]. In the affidavit-in-opposition, the respondent no. 2 has acknowledged the receipt of the first and final bill from the petitioner in respect of Contract-Work no.-I for an amount of Rs. 1,22,807/- and release of part- payment to the extent of Rs. 61,404/- on 29.03.2021. It is mentioned that the remaining bill amount of Rs. 61,403/- could not be paid to the petitioner due to some technical observations made by the departmental authorities. It is found out during the processing for payment of the remaining bill amount that [i] the Sub-Divisional bill number recorded in the bill was incomplete, i.e. without issue no. and date; [ii] in the Divisional bill no. IID/CAD/FF/328 dated 17.02.2021 no Page No.# 4/5 counter signature of the concerned Assistant Executive Engineer was found; and [iii] no counter signature of concerned Assistant Executive Engineer was found in the abstract of M.B. no. BIS/07 at page 97. The respondent no. 2 has stated that the Department has proceeded with an enquiry as to why MB was not signed by the then In-charge. 6. Ms. Neog, learned Standing Counsel, Irrigation Department has submitted that she has also received instructions from the respondent no. 2 to the effect that there was no dispute with regard to the liability to the extent of Rs. 2,92,372/- in respect of the Contract-Work no.-II. An Office Letter bearing no. CEI/AUDIT/E-717801/36 dated 16.01.2026 of the respondent no. 2 has been placed in support of such admission of liability. The Office Letter dated 16.01.2026 [supra] is kept with the case record after marking it as Document-‘A’. 7. Ms. Neog has further submitted that a period of one month would be necessary to complete the enquiry as regards the remaining amount of Rs. 61,403/- with regard to the Contract-Work no.-I and after completion of the enquiry which is to be done with verification of the official records, it would be possible to ascertain the extent of liability of the Department with regard to Contract-Work no.-I and after finalizing of the liability, the amount of Rs. 61,403/- or any other amount, found due to the petitioner, will be released thereafter. 8. From the above stand of the respondent Irrigation Department authorities, it is evident that the respondent Irrigation Department authorities through the respondent no. 2 has admitted liability to the extent of Rs. 2,92,373/- for the Contract-Work no.-II. To complete the enquiry with regard to the claim of Rs. Page No.# 5/5 61,403/- of the petitioner in respect of the Contract-Work no.-I, the Departmental authorities has sought for one month’s time to complete the verification process and thereafter, to release the amount of Rs. 61,403/- or any other amount, found due, to the petitioner thereafter. 9. In such obtaining fact situation, the writ petition is disposed of with direction to the respondent authorities, more particularly, the respondent no. 2 to complete the entire process regarding verification of the claim of the petitioner for the amount of Rs. 61,403/-; and thereafter, to release the amount of Rs. 2,92,732/- for the Contract-Work no.-II and also, the amount of Rs. 61,403/- or any other amount, found due to the petitioner after verification, within a period of 3 [three] months from the date of submission of a certified copy of this Order by the petitioner at the office of the respondent no. 2. 10. This order disposes of the writ petition. No cost. 11. The instructions placed by Ms. Neog, learned Standing Counsel, Irrigation Department along with documents is kept with the case record by marking it as Document-A. JUDGE Comparing Assistant