GAHC010282132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/152/2026 MAHANANDA KAKOTI S/O- LATE PREMANANDA KAKOTI, R/O VILL. AND P.O.- MUGURIA, DIST.-

BAJALI, ASSAM, PIN- 781325 VERSUS THE STATE OF ASSAM AND 4 ORS.

TO BE REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI- 06.

2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 06.

3:THE CHIEF ENGINEER IRRIGATION DEPARTMENT CHANDMARI GUWAHATI- 3

4:THE CHAIRMAN CUM MANAGING DIRECTOR LOWER ASSAM C.A.D. AUTHORITY CHANDMARI GUWAHATI- 03

5:THE EXECUTIVE ENGINEER PAHUMARA RUPAHI DIVISION (IRRIG)

NOW RENAMED AS BHAWANIPUR DIVISION IRRIGATION SARUPETA DIST.- BAJALI ASSA Advocate for the Petitioner : MR H TALUKDAR, MR R I BHUYAN Advocate for the Respondent : SC, IRRIGATION, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 25.02.2026 Heard Mr. M. Hazarika, learned counsel for the petitioner; Mr. N.

Upadhyay, learned Standing Counsel, Irrigation Department for the respondent nos. 1, 3, 4 & 5; and Mr. M. Bhuyan, learned counsel on behalf of Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no. 2.

2. The petitioner, a Class-IC Contractor under the Irrigation Department, Government of Assam, has preferred this writ petition on the ground that despite execution of a contract-work pursuant to a formal Work Order dated 03.01.2018 and submission of the final bill, the respondent authorities in the Irrigation Department have not yet disbursed an amount of Rs. 1,10,685/- though a part payment of Rs. 3,01,921/- out of the total bill amount of Rs. 4,12,606/- was released earlier. The learned counsel for the petitioner has submitted that despite approaches, the outstanding bill amount of Rs.

1,10,685/- have not yet been released.

3. An objection has been raised on behalf of the respondents that the Head of the Department/Chief Engineer, Irrigation Department has not acknowledged the liability and as such, the writ petition is not maintainable in view of the full bench decision in Tamsher Ali & Ors. vs. State of Assam & Ors., reported in

2008 [4] GLT 1 [FB]. The matter would require consideration.

4. Issue notice, returnable on 27.03.2026.

5. As Mr. Upadhyay, learned Standing Counsel, Irrigation Department has appeared and accepted notice on behalf of respondent nos. 1, 3, 4 & 5 and Mr. Bhuyan, learned counsel has appeared and accepted notice on behalf of respondent no. 2, issuance of formal notices to the said respondents are dispensed with. However, extra copies of the writ petition along with annexures are to be furnished to Mr. Upadhyay and Mr. Bhuyan within 2 [two] working days from today.

6. The learned counsel for the petitioner is to file additional pleadings as sought for regarding admission of liability as per the decision in Tamsher Ali [supra], in the meantime.

7. The learned Standing Counsel, Irrigation Department is to obtain instruction as regards the claim made by the petitioner regarding the outstanding amount of Rs. 1,10,685/-.

JUDGE

Comparing Assistant