Page No.# 1/4 GAHC010060372024 2026:GAU-AS:4377 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/165/2024 SUDHANG KUMAR BRAHMA S/O- LATE RATI RAM BRAHMA, R/O- WARD NO-5, MIJING NWGWR, P.O AND P.S- KOKRAJHAR, PIN-783370, DIST- KOKRAJHAR, BODOLAND TERRITORIAL COUNCIL, ASSAM VERSUS AKASH DEEP AND 2 ORS. PRESENTLY SERVING AS THE PRINCIPAL SECRETARY, BODOLAND TERRITORIAL REGION, BODOFA NWGWR, BODOLAND TERRITORIAL COUNCIL SECRETARIAT, KOKRAJHAR, BTR, ASSAM, PIN- 783370. 2:ARUN CHANDRA GOSWAMI PRESENTLY SERVING AS CHIEF ENGINEER PUBLIC WORKS DEPARTMENT BODOLAND TERRITORIAL COUNCIL KOKRAJHAR PIN- 783370 ASSAM 3:RAHUL DEV BASUMATARY PRESENTLY SERVING AS EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT KOKRAJHAR RURAL ROADS DIVISION KOKRAJHAR PIN- 783370 ASSA Advocate for the Petitioner : MR. K P PATHAK, MR B CHOUDHURY,MR. D GOGOI,MR BHARGAV DAS Advocate for the Respondent : MR. D SAIKIA (r-1), N.R. SHARMA(R-1),P BHOWMICK(R-1),MR Page No.# 2/4 A SHARMA(R-1),MR. M K DAS(R-1),MR A TALUKDAR(R-1),MR. A KHOUND(R-1),MS. N CHOUDHURY(R-1),MS. B BHUYAN(R-1),MR. A K BHUYAN (R-1),MR. S BORA (r-1) BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 26.03.2026 Heard Mr. B. Das, learned counsel for the petitioner and Ms. N. Choudhury, learned counsel for the respondent no. 1. 2. This contempt petition is preferred alleging non-compliance of the directions made in an Order dated 22.03.2023 passed in a writ petition, W.P.[C.] no. 3569/2022, preferred earlier by the petitioner as the writ petitioner. 3. In the writ petition, the petitioner claimed that he executed a contract-work viz. ‘Construction of black topping road from South to North Bhamguri village with 2 RCC box culvert’ under 5th Assam State Finance Commission [‘the Contract-Work’, for short]. The petitioner had claimed that after executing the Contract-Work at a Contract Value of Rs. 98,83,387/-, the petitioner submitted his final bills for an amount of Rs. 98,64,706/-. Prior to filing of the writ petition, the respondent authorities in the Bodoland Territorial Council [BTC], released an amount of Rs. 68,44,751/- to the petitioner. The writ petition was preferred alleging non-disbursal of the remaining amount of Rs. 30,19,955/- and a direction to the respondent authorities in the BTC to release the remaining amount of Rs. 30,19,955/- was sought for. 4. The Court taking note of the submissions made by the learned counsel for the parties and the contents of an Order bearing number, No. BTC/F[Audit]49/2021/Pt-I/1 dated 15.11.2021, disposed of the writ petition by the Order dated 20.03.2021. The operative parts of the Order dated 22.03.2023 read as under :- 7. Having considered the contents of the Order dated 15.11.2021 and the order dated 16.07.2022 and the decision of the Full Bench judgment of this Page No.# 3/4 Court, rendered on 29.09.2008, in Writ Appeal No. 484/2005 [Tamsher Ali and Ors. vs. State of Assam and Ors.], and similar other 194 writ petitions reported in 2008 [4] GLT 1 [FB], it is considered appropriate that the respondent authorities in the respondent BTC shall undertake and complete similar kind of exercise, like the one mentioned in the Order dated 15.11.2021 and the Order dated 16.07.2022, in respect of the claim of the petitioner also within a period of 3 [three] months. If after such exercise, the petitioner is found entitled to the amount of Rs. 30,19,955/- or any other amount, the same shall be released in favour of the petitioner in terms of the decision in Tamsher Ali [supra]……… 5. The contempt petition was filed on 20.03.2024 asserting that despite the direction made in the Order dated 22.03.2023, the remaining amount of Rs. 30,19,955/- had not been released. The respondents were put to notice on 22.03.2024. One affidavit and an additional affidavit were filed during the course of the proceedings. 6. In the additional affidavit filed by the respondent no. 1, it is stated that, subsequently, sanction was accorded for payment of an amount of Rs. 15,09,977/- and the said amount was released vide a Cheque bearing no. 062840 dated 22.01.2026. As a result, an amount of Rs. 16,45,272/- has remained outstanding till date. 7. It is also mentioned in the additional affidavit that the BTC authorities have already placed demand on 10.12.2025 before the State Government for providing the balance fund for payment of liabilities incurred during the 5th Assam State Finance Commission [ASFC]. The BTC authorities have also prepared the list of liabilities, wherein the Contract-Work in respect of which the petitioner has made the claim is listed at Serial no. 103. 8. Ms. Choudhury, learned counsel for the respondent no. 1 has submitted that the said list of liabilities is prepared strictly in terms of the Full Bench decision in Tamsher Ali and others vs. State of Assam and others, 2008 [4] GLT 1 [FB], which directs the State respondents to keep a list of liabilities in chronological order so as to release the outstanding amounts and to pay the outstanding amounts on the basis of the said list by keeping the list Page No.# 4/4 duly updated from time to time. As in the list of liabilities, the petitioner's name for the Contract-Work under reference figures at Serial no. 103, the remaining amount of Rs. 16,45,272/- would be released to the petitioner by following the mandate in Tamsher Ali [supra] and the same would require a reasonable period of time of 6 [six] months. 9. After filing of the contempt petition, a part-payment to the extent of Rs. 15,09,977/- has been made on 22.01.2026. In the list of liabilities, the Contract-Work under reference has figured at Serial no. 103 and the outstanding amount is shown as Rs. 16,45,272/-. Therefore, taking note of the direction in Tamsher Ali [supra], the submission made by Ms. Choudhury, learned counsel for the respondent no. 1 deserves acceptance. Therefore, this contempt petition is closed at this stage, allowing the respondents 6 [six] months time to disburse the remaining amount of Rs. 16,45,272/- to the petitioner. 10. It is further observed that in the event the remaining amount of Rs. 16,45,272/- is not released to the petitioner within the next 6 [six] months time from today, liberty stands reserved to the petitioner to approach this court again invoking the contempt jurisdiction. JUDGE Comparing Assistant