Page No.# 1/3 GAHC010104162026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2776/2026 M/S JAYA ENTERPRISE PROPRIETOR SRI NRIPAN BARMAN AGED ABOUT 69 YEARS, S/O KATE KASHI NATH BARMAN RESIDENT OF KALYANPUR GANESHGURI GUWAHATI-6, KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH DEPARTMENT, DISPUR, GUWAHATI-6, DIST. KAMRUP (M), ASSAM. 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEER DEPARTMENT HENGRABARI DISPUR GUWAHATI-6 DIST. KAMRUP (M) ASSAM. 3:THE SUPERINTENDING ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT GUWAHATI CIRCLE BAMUNIMAIDAN GUWAHATI-21 DIST.KAMRUP (M) ASSAM. 4:THE EXECUTIVE ENGINEER Page No.# 2/3 PUBLIC HEALTH ENGINEERING DEPARTMENT GUWAHATI DIVISION NO. II BAMUNIMAIDAN GUWAHATI-21 DIST. KAMRUP (M) ASSAM. 5:THE ASSISTANT ENGINEER PUBLIC HEALTH ENGINEERING DISPUR SUB-DIVISION GUWAHATI-6 ASSAM Advocate for the Petitioner : MR. P TALUKDAR, MS D ANGANA Advocate for the Respondent : SC, P H E, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 15.06.2026 Heard Ms. D. Angana, learned counsel for the petitioner, who has filed this petition under Article 226 of the Constitution of India with a claim for release of contractual dues. The learned counsel for the petitioner has drawn the attention of this Court to various work orders and has submitted that all the works were completed in spite of which, the bills were not cleared. On the other hand, Shri R.R. Gogoi, learned Standing Counsel, P.H.E. has submitted that the petitioner has not fulfilled the requirements as laid down by a Division Bench of this Court in the case of Tamsher Ali & Ors. Vs. State of Assam & Ors., reported in 2008 (4) GLT 1 wherein, a precondition was of an admission of the liability by the Department, that too, by an Officer not below the rank of the Chief Engineer. Page No.# 3/3 The materials on record have been duly perused. One of the essential conditions laid down by the Hon’ble Division Bench is to bring an acknowledgment in writing from the Chief Engineer which is missing in this case. The aspect of delay in approaching this Court would also arise. Be that as it may, this Court is of the opinion that in exercise of writ jurisdiction of this Court, a claim of the present nature cannot be adjudicated. Accordingly, the writ petition is dismissed. However, the petitioner is granted liberty to approach the Civil Court, if permitted by law. JUDGE Comparing Assistant