GAHC010127642025 2025:GAU-AS:15978

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Review.Pet./106/2025

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, WATER

RESOURCES DEPTT., DISPUR, GUWAHATI 781006, ASSAM.

2: THE CHIEF ENGINEER

WATER RESOURCES DEPTT.

CHANDMARI GUWAHATI 03

ASSAM.

3: THE SUPERINTENDING ENGINEER NAGAON WATER RESOURCE CIRCLE

AT ROAD

NAGAON 782001

ASSAM.

4: THE EXECUTIVE ENGINEER

MORIGAON WATER RESOURCES DIVISION

MORIGAON

ASSAM 782105

5: THE ASSTT. EXECUTIVE ENGINEER

JAGIROAD WATER RESOURCES SUB DIVISION JAGIROAD 78204

VERSUS

BIJOY BORO

S/O SRI ANIL BHARALI, R/O ARUNODAY PATH, HENGRABARI, P.O.

HENGARABARI, DIST. KAMRUP (M), GUWAHATI, ASSAM 781036

Advocate for the Petitioner : MR R M DAS, SC, WATER RESOURCE Advocate for the Respondent : , Linked Case : WP(C)/4777/2021 BIJOY BORO S/O SRI ANIL BHARALI RESIDENT OF ARUNODAY PATH HENGRABARI PO HENGARABARI DIST KAMRUP (M) ASSAM GUWAHATI 781036 VERSUS THE STATE OF ASSAM AND 4 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM WATER RESOURCE DEPARTMENT DISPUR GUWAHATI 06

2:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT ASSAM CHANDMARI GUWAHATI 03

3:THE SUPERINTENDING ENGINEER NAGOAN WATER RESOURCE CIRCLE DIST NAGAON ASSAM 782001

4:THE EXECUTIVE ENGINEER MORIGAON WATER RESOURCE DIVISION MORIGAON ASSAM 782105

5:THE ASSISTANT EXECUTIVE ENGINEER JAGIROAD WATER RESOURCES SUB DIVISION JAGIROAD

782041 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) : Mr. RM Das Advocates for the respondent(s) :

Date of hearing & judgment :24.11.2025 JUDGMENT & ORDER(ORAL)

Heard Mr. RM Das, the learned counsel appearing on behalf of the review petitioners.

2. The present review application has been filed challenging the common order dated 27.09.2022 passed in WP(C) No.4777/2021 whereby the learned Coordinate Bench of this Court after hearing the learned counsel for the parties in the said writ petition along with the batch of connected writ petitions passed the following order:-

“(1) Within 15 (fifteen) days from today, the concerned official of the State Government of Assam will communicate the supplementary budget passed in the last Assembly Session pertaining to the scheme to the competent authority of the Ministry of Jal Shakti, Government of India.

(2) Within 60 (sixty) days from the date of receipt of such communication, the Ministry of Jal Shakti to release the amount due under the schemes to the concerned Department of the Government of Assam.

(3) Upon receipt of the amount, bills of the writ petitioners shall be processed and cleared within a further period of 45 days.

In view of the directions issued herein above, the respondents to complete the entire process within a period of four months from today.

A copy of this order be furnished to Mr. B. Goswami, learned Addl. Advocate General, Assam and Mr. R. K. Dev Choudhury, learned DSGI. The written instructions dated 26.09.2022 be kept as a part of the record of this case.

All these writ petitions stand disposed of accordingly.”

3. By referring to the order dated 27.09.2022, Mr. RM Das, the learned counsel appearing on behalf of the review petitioners has argued that the review petition arises out of the common order dated 27.09.2022 passed in the connected writ petitions wherein, the Ministry of Jal Shakti was not made a party.

4. Contending that the pending bills could not be cleared by the State of Assam due to non-receipt of the share of contribution coming from the Ministry of Jal Shakti, Union of India, Mr. RM Das, the learned counsel for the review petitioners submits that these writ petitions are required to be heard afresh after serving notice upon the Ministry of Jal Shakti. Mr. RM Das, the learned counsel for the review petitioners has, however, candidly submitted that the order dated 27.09.2022 passed by this Court even in respect of those writ petitions where the Ministry of Jal Shakti was impleaded as party, has not been complied with till