Page No.# 1/4 GAHC010244642025 2026:GAU-AS:1648 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6520/2025 HITESH CHANDRA KALITA S/O- LATE MITHA RAM KALITA, VILL- MAIHATI, P.O. SONESWAR, P.S. KAMALPUR, DIST KAMRUP, ASSAM, PIN 781382 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, IRRIGATION DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI 781006 2:THE CHIEF ENGINEER IRRIGATION ASSAM CHANDMARI GUWAHATI 781003 3:THE EXECUTIVE ENGINEER GUWAHATI DIVISION IRRIGATION GUWAHATI CHANDMARI GUWAHATI 781003 4:THE EXECUTIVE ENGINEER DISPUR DIVISION IRRIGATION SONAPUR DIST KAMRUP METRO ASSAM 5:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF FINANCE Page No.# 2/4 ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI 78100 Advocate for the Petitioner : MR. S SUTRADHAR, MR. J P BARUAH Advocate for the Respondent : SC, IRRIGATION, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 09-02-2026 Heard Mr. S. Sutradhar, learned counsel for the petitioner; Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department for the respondent nos. 1, 2, 3 & 4; and Mr. M. Bhuyan, learned counsel appearing on behalf of Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no. 5. 2. The petitioner has projected that vide a work-order bearing no. GDI/Tech/104/Pt-VII/65 dated 09.01.2021 issued by respondent no. 4, the petitioner was awarded a contract, ‘Regularisation of works for regular cleaning of the building & compound of the office of the Chief Engineer, Irrigation Department at Chandmari, Guwahati-03 including AMC for the year 2020-21’. The work-order further mentioned that the Head of Account would be 7202-80- 001-0000-000-17-05-EE-V-GA and Administrative Approval no. was A/A/IRR/2020-21/1683 dated 15.10.2020. The approx. value of the contract- work was mentioned as Rs. 14,74,200/-. 3. The petitioner has claimed that he had executed the contract-work Page No.# 3/4 including the annual maintenance contract for the year 2020-2021 as per the terms and conditions mentioned therein. After inspection, the respondent no. 4 and the Superintendent Engineer, Kamrup Circle [Irrigation], Rangia certified that the petitioner had completed the work satisfactorily. Thereafter, a progress/completion report was submitted stating that out of the total bill value of Rs. 14,74,200/-, an amount of Rs. 9,30,000/- had already been released and a further amount of Rs. 5,44,200/- had remained to be paid. For the amount of Rs. 5,44,200/-, the respondent no. 4 submitted a demand for fund to the respondent no. 2 on 16.05.2024. As despite demand of fund by the respondent no. 4 to the respondent no. 2 as far back as on 16.05.2024, the amount has not been disbursed to the petitioner, the petitioner has appeared before this Court by the present writ petition. 4. Mr. Upadhyay, learned Standing Counsel, Irrigation Department appearing for the respondent nos. 1 – 4 has submitted that the writ petition can be disposed of with a direction to the respondent no. 2 to examine the claim of the petitioner with regard to non-disbursement of the amount of Rs. 5,44,200/- in terms of the decision of the full bench of this Court in Tamsher Ali & Ors. vs. State of Assam & Ors., reported in 2008 [4] GLT 1 [FB] and after verification, to release the amount in terms of the entitlement within a reasonable period. Mr. Upadhyay has submitted that a period of 3 [three] months would be a reasonable period to complete the entire exercise. 5. Mr. Sutradhar, learned counsel for the petitioner has agreed to the above submission of Mr. Upadhyay. Page No.# 4/4 6. From the Certificate issued by the respondent no. 2 and the Superintendent Engineer, Kamrup Circle [Irrigation], Rangia and the Progress/Completion Report, also by the said authorities, annexed to the writ petition, it transpires that the petitioner had executed the work in terms of the work-order dated 09.01.2021. The petitioner has admitted that he has already received an amount of Rs. 9,30,000/- till date and according to him, the remaining amount of Rs. 5,44,200/- has remained outstanding till date. 7. In view of the above fact situation and taking into consideration the submission of the learned Standing Counsel, Irrigation Department, this writ petition is disposed of with a direction to the respondent no. 2 to examine the claim of the petitioner to the extent of Rs. 5,44,200/- and after verification, to disburse the amount the petitioner is entitled to receive in respect of the afore- mentioned contract-work in terms of the decision in Tamsher Ali [Supra] within a period of 3 [three] weeks from the date of submission of a certified copy of this order at the office of the respondent no. 2. 8. This order disposes of the writ petition. JUDGE Comparing Assistant