GAHC010237092022 2025:GAU-AS:14741

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/7489/2022

JHANTU GHOSH

S/O- LT. SURENDRA NATH GHOSH, R/O- KOKRAJHAR, WARD NO.9,

THANAPARA, P.O. AND P.S. KOKRAJHAR, DIST.- KOKRAJHAR, ASSAM

VERSUS

THE STATE OF ASSAM AND 3 ORS

REP. BY COMM. AND SECY. TO THE GOVT. OF ASSAM, WATER RESOURCE

DEPTT., DISPUR, GHY-6

2:THE ADDL. CHIEF ENGINEER

KOKRAJHAR ZONE

W.R.DEPTT.

B.T.C.

KOKRAJHAR

3:THE EXECUTIVE ENGINEER

KOKRAJHAR W.R. DIVISION

KOKRAJHAR

ASSAM

4:THE ASSTT. EXECUTIVE ENGINEER

KOKRAJHAR/GOSSAIGAON W.R. SUB-DIVISION

KOKRAJHAR

ASSA

For the Petitioner(s) : Ms. A. Talukdar, Advocate

For the Respondent(s) : Ms. B. Bhuyan, SC, BTC

BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

ORDER

Date : 31.10.2025 The case of the Petitioner herein is that the Petitioner is aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the outstanding amount to which the Petitioner is entitled to upon completion of the work allotted to him.

2. The Petitioner herein is a registered contractor and has executed various contractual works awarded to him by different Government Departments of the State of Assam. It is the case of the Petitioner that a work order bearing No. KWRD/W/3/M&R/2019-20/237 dated 12.02.2020 was issued by the Executive Engineer, Kokrajhar W.R. Division, Kokrajhar, for the work “M&R to protect village Taktara from the erosion of river Saralbhanga (Construction of ring bundh) for the year 2019-2020” in favour of the Petitioner. In the said work order, the tender value was quoted as Rs.17,90,022/-. It has also been mentioned in the said work order that a verbal work order had been issued to the Petitioner on

08.07.2019 by the said Executive Engineer.

3. It is the case of the Petitioner that the Petitioner had successfully executed the work and accordingly submitted bills for an amount of Rs.17,89,984/-. However, out of the total bill amount, the Respondent Authorities on 27.03.2020 have paid only an amount of Rs.9,89,984/- to the Petitioner, leaving a balance of Rs.8,00,000/- unpaid till date. The learned counsel for the Petitioner submitted that the Petitioner has submitted various representations before the Respondent Authorities for release of the remaining amount however the said amount of Rs.8,00,000/- is still pending, for which the Petitioner has approached this Court under Article 226 of the Constitution.

4. Ms. B. Bhuyan, the learned Standing counsel appearing on behalf of the Bodoland Territorial Council submits that as to whether the Petitioner has completed the work in terms with the work order in question is a subject matter of verification which needs to be carried out by the Respondent Authorities and it is only on the basis of such verification, the actual entitlement of the Petitioner could be ascertained.

5. 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 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.

6. 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 and 4 to verify the entitlement of the Petitioner on the basis of the work order which was issued in favour of the Petitioner and as to whether the Petitioner has completed the work 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