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GAHC010224482024

2026:GAU-AS:6477

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5520/2024

MUKUT RANJAN SARMAH

S/O HOMESWAR SARMAH,

RESIDENT OF NONOI URIA GAON, PO NONOI, PS SADAR, DIST NAGAON,

ASSAM 782101

VERSUS

THE STATE OF ASSAM AND 4 ORS

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

RESOURCE DEPARTMENT, DISPUR GUWAHATI 781006

2:THE CHIEF ENGINEER

WATER RESOURCE DEPARTMENT

CHANDMARI

GUWAHATI KAMRUP M ASSAM

3:THE SUPERINTENDING ENGINEER

WATER RESOURCE DEPARTMENT

NAGAON CIRCLE

DIST NAGAON

ASSAM

4:THE EXECUTIVE ENGINEER

WATER RESOURCE DEPARTMENT

NAGAON

ASSAM

5:THE ASSISTANT EXECUTIVE ENGINEER

WATER RESOURCE DEPARTMENT

NAGAON DIVISION

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DIST NAGAON

ASSAM

6:THE UNION OF INDIA REPRESENTED BY THE COMMISSIONER

MINISTRY OF JALASAKTI

DEPARTMENT OF WATER RESOURCES

RIVER DEVELOPMENT AND GANGA RENOVATION

NEW DELHI-110001

7:THE BRAHMAPUTRA BOARD

ASSAM

REPRESENTED BY ITS CHAIRMAN

BASISTHA

GUWAHATI-781029

8:THE ACCOUNTANT GENERAL (AUDIT)

ASSAM

MAIDAMGAON

KRISHNANAGAR

BELTOLA

GUWAHATI-78102

Advocate for the petitioner(s): Mr. KR Patgiri

Advocate for the respondent(s): Ms. P Bhattacharjee,

Standing Counsel,

Water Resource Department

Ms. A Gayan, CGC

Mr. C Barua, Standing Counsel,

AG, Assam

B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

08.05.2026

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Heard Mr. KR Patgiri, the learned counsel appearing on behalf of the

petitioner. Also heard Ms. P Bhattacharjee, the learned Standing Counsel, Water

Resource Department; Ms. A Gayan, the learned CGC, who appears on behalf of

Union of India and Mr. C Barua, the learned Standing Counsel, AG, Assam

2. The petitioner herein has approached this Court seeking a direction upon

the respondent authorities to release the outstanding amount of Rs.3,48,250/-

which was payable to the petitioner.

3. It is seen from the enclosures to the writ petition that the entitlement of the

petitioner of an amount of Rs.3,48,250/- is on account of work order which was

issued in the year 2014.

4. The record further reveals that after 10 years, the petitioner had

approached this Court by filing the present writ petition.

5. In the opinion of this Court, the instant writ petition ought not to have been

entertained merely on the ground that representation was made by the

petitioner and thereupon approaching this Court.

6. Be that as it may, the learned Coordinate Bench of this Court had issued

notice on 30.10.2024.

7. The record reveals that in the meantime the respondent Nos. 6 and 7 have

filed an affidavit-in-opposition wherein at paragraph 10, the said respondents

have discharged its responsibility by stating that the role of the Central

Government is limited to examination, approval and realization of such bills as

and when submitted. It was accordingly stated in the said affidavit that the

responsibility for payment of the amount of Rs.3,48,250/- to the petitioner lies

with the Government of Assam. Paragraph No.10 of the said affidavit-in-

opposition being relevant is reproduced hereinunder:

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“10. That in view of the above, it is submitted that the Department of

Water Resources, River Development & Ganga Rejuvenation has duly

discharged the responsibility entrusted to it, insofar as the instant project is

concerned, by issuance of the requisite mother sanction in accordance with

the extant guidelines. The submission of bills for release of Central

Assistance rests with the State Government, while the role of the Central

Government is limited to examination, approval and realization of such bills

as and when submitted. Accordingly, in the instant case the responsibility

of payment of Rs. 3,48,250 (Rs. Three Lakh Forty Eight Thousand Two

Hundred and Fifty only) to the petitioner lies with the Government of

Assam.

In view of the above, it is most respectfully prayed that the

Department of Water Resources, River Development & Ganga Rejuvenation

may kindly be exempted from the list of respondents the present matter.”

8. In view of the above statement on the p