Page No.# 1/4 GAHC010068752026 2026:GAU-AS:7730 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1993/2026 M/S RAJ KUMAR JAIN A PARTNERSHIP FIRM REPRESENTED BY ITS ONE OF THE PARTNER RAJ KUMAR JAIN, OFFICE AT-401, AMAZE SHOPPING MALL,, AT ROAD,, GUWAHATI,. ASSAM, PIN- 781001 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,, IRRIGATION DEPARTMENT, DISPUR, ASSAM, PIN- 781006 2:THE CHIEF ENGINEER IRRIGATION DEPARTMENT CHANDMARI ASSAM PIN- 781003 3:THE SUPERINTENDING ENGINEER HOJAI CIRCLE IRRIGATION ASSAM PIN- 782435 4:THE EXECUTIVE ENGINEER JAMUNAMUKH-HOJAI-LUMDING-BINNAKANDI DIVISION (IRRIGATION) HOJAI ASSAM PIN- 78243 Advocate for the Petitioner : MR. D DOLEY, MS A DEKA Advocate for the Respondent : SC, IRRIGATION, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 01/06/2026 Heard Mr. D Doley, learned counsel for the petitioner and Mr. N Upadhayay, learned Standing counsel, Irrigation Department. 2. The petitioner by way of instituting the present writ petition has prayed for a direction upon the respondent authorities to release to him, his outstanding contractual dues, amounting to Rs.69,76,577/- (Rupees Sixty Nine Lakhs Seventy Six Thousand Five Hundred Seventy Seven), in connection with the works allotted to him by the respondent authorities. 3. The learned counsel for the petitioner submits that the petitioner having successfully completed the works allotted to him, the said outstanding contractual dues of the petitioner is an admitted one. Accordingly, he submits that a direction be issued upon the respondent authorities to release the said amount of Rs.69,76,577/- (Rupees Sixty Nine Lakhs Seventy Six Thousand Five Hundred Seventy Seven) to the petitioner. 4. Mr. Upadhayay, learned Standing counsel, Irrigation Department, on instructions received by him, submits that it is an admitted position that the petitioner is to receive an amount of Rs.69,76,577/- (Rupees Sixty Nine Lakhs Seventy Six Thousand Five Hundred Seventy Seven). However, the said amount could not be released to the petitioner for want of funds. Page No.# 3/4 5. I have heard the learned counsel for the parties and also perused the materials available on record. 6. In the affidavit filed by the Chief Engineer, Irrigation Department, it is found that the following contentions have been raised: “12. That in reply to paragraph No. 11 of the writ petition, the answering respondent states that no fund has been released or received from the Government till date except partial payment amounting to Rs. 42,97,621/-. 17. That in reply to paragraph No. 18 of the writ petition, the answering respondent states that the allegation regarding refusal to release the admitted amount of Rs. 69,76,577/- is incorrect and denied. Release and sanction of fund are beyond the authority and jurisdiction of the answering respondent and depend entirely upon sanction and release by the Government.” 7. Although, this Court had found the admission of the contractual dues by the Department in the affidavit in the above noted paragraphs to be confusing, however, considering the categorical submissions made by Mr. Upadhayay, learned Standing counsel, Irrigation Department, on instructions received by him, that the said amount is an admitted outstanding due, receivable by the petitioner, this Court proceeds to accept the said position. 8. In view of the above, the respondents in the Irrigation Department are directed to release to the petitioner his admitted outstanding contractual dues of Rs.69,76,577/- (Rupees Sixty Nine Lakhs Seventy Six Thousand Five Hundred Seventy Seven) only, within a period of 3 (three) months from the date of Page No.# 4/4 receipt of a certified copy of this order. 9. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant