Page No.# 1/5 GAHC010180172025 2026:GAU-AS:8444 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4803/2025 MANARANJAN BRAHMA S/O- LATE KAMALESWAR BRAHMA, R/O- WARD NO. 4, DEPOT ROAD, P.O. AND DIST. KOKRAJHAR, BTR, PIN- 783370, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF IRRIGATION, DISPUR, GUWAHATI-781006, KAMRUP METRO, ASSAM 2:THE CHIEF ENGINEER IRRIGATION ASSAM BLOCK-B KRISHNA NAGAR CHANDMARI GUWAHATI-781003 KAMRUP METRO ASSAM 3:THE SUPERINTENDING ENGINEER LAKHIMPUR CIRCLE (IRRIGATION) NORTH LAKHIMPUR. 4:THE EXECUTIVE ENGINEER LAKHIMPUR DIVISION IRRIGATION NORTH LAKHIMPUR. 5:THE EXECUTIVE ENGINEER DHAKUAKHANA DIVISION IRRIGATION DHAKUAKHANA. Page No.# 2/5 6:THE ASSISTANT EXECUTIVE ENGINEER DHAKUAKHANA SUB-DIVISION (IRRIGATION) DHAKUAKHANA BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. A. K. Rai, Advocate For the Respondent(s) : Mr. U. Upadhyay, SC, Irrigation Date on which judgment is reserved : NA Date of pronouncement of judgment : 12.06.2026 Whether the pronouncement is of the Operative part of the judgment? : Yes Whether the full judgment has been Pronounced? : Yes JUDGMENT AND ORDER (ORAL) Heard Mr. A. K. Rai, the learned counsel appearing on behalf of the Petitioner. Mr. N. Upadhyay, the learned counsel appears on behalf of Irrigation Department of the Government of Assam. 2. The case of the Petitioner herein is that the Chief Engineer, Minor Irrigation, Assam, i.e. the Respondent No.2 awarded the contract work under Balijan Flow I/Scheme for Construction of Page No.# 3/5 H/W, Guide Bund and Afflux Bund, Diversion channel & Closing Bund, Construction of RCC Right Bank Main Canal (RBMC), HP Canal outlets-33Nos, Cattle Crossing-8 Nos., Cattle & cart Crossing-4 Nos., H.P Cross drainage works-4 Nos., RCC Box Culvert-1 No, Construction of RCC Left Bank Main Canal(LBMC), Inlet & Outlet Regulator-1No. etc' under RIDF-XXIV(NABARD) under Lakhimpur Division(Irrigation) North Lakhimpur to the Petitioner vide the work order dated 26.02.2026. Accordingly, the Petitioner started the work and after starting of the work, the concerned Department prepared the first Running Bill on 16.05.2023 amounting to Rs.36,90,982/-. It is further stated by the Petitioner that on 25.11.2023, the Respondent Nos.3 & 5 had inspected the site and submitted the progress report stating that 3% of the work amounting to Rs.36,90,982/- had been completed by the Petitioner. 3. Mr. N. Upadhyay, the learned Standing Counsel appearing on behalf of the Irrigation Department placed before this Court an instructions which is kept on record and marked with the letter “X” and further submitted that as to whether the Petitioner had completed the work in terms with the work order in question and whether the certificate issued that the Petitioner is entitled to the amount claimed is subject to further verification which needs to be carried out by the Respondent Authorities and it is only on the Page No.# 4/5 basis of such verification, the actual entitlement of the petitioner could be ascertained. 4. Upon hearing the learned counsels for the parties, this Court is of the opinion that the interest of justice would be met if a direction is given to the Respondent Authorities to verify as to whether the Petitioner has completed the construction work in accordance with the work order mentioned hereinabove and thereupon to ascertain the exact amount to which the Petitioner is entitled to, if any. 5. It is under such circumstances, this Court therefore disposes of the instant writ petition thereby directing the Respondent Authorities more particularly the Respondent Nos. 2, 3, 4 & 5 to verify the entitlement of the Petitioner on the basis of the work order which were issued in favour of the Petitioner and as to whether the Petitioner has completed the work to the extent certified in question and thereupon, after verification if it is found that the Petitioner is entitled to any amount, the same should be paid to the Petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and Others, reported in 2008 (4) GLT 1. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the Respondent No.2 and the payment thereupon be made in terms Page No.# 5/5 with the judgment rendered in the case of Tamsher Ali (supra). 6. With the above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant