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2025 DIGILAW 1930 (GAU)

Pintu Deb, Son of Late Nalini Kanta Deb v. State of Assam Represented By The Secretary To The Government of Assam, Water Resource Department

2025-12-01

DEVASHIS BARUAH

body2025
JUDGMENT : Devashis Baruah, J. The instant writ petition is filed by the petitioner challenging the non- payment of the admitted amount of Rs.31,62,083/- for execution of various contractual works allotted to the petitioner by the Respondent Authorities. 2. The case of the petitioner herein is that the petitioner was allotted various works by the Respondent Authorities more particularly by the respondent Nos.4 & 6 which are stated herein under:- a) Work order No. CEWR(C&H)/TB/ M & R/WO/K/2012-13 dated 28.12.2012 issued by the Additional Chief Engineer, Cachar & Hills Water Resources, Silchar M & R to embankment along both banks of river Logai from Patherkandi to Nilambazar Ph-1 L/B of river Longai for 2012-13. Approximate value - Rs. 69,279.00. (b) Work order No. KXJ / T-10 / WO / M & R / Divn / 2012-13 / 15 dated 05.01.2013 issued by the Executive Engineer, Water resources Division, Karimganj. M & R to protect the area from Phanirbond to Dullabpur from flooding of River Shingla for 2012-13 (Breach closing work at Fakiragram-II). Approximate value - Rs. 62,610.00. (c) KXJ / T-10 / WO / Muraura / CS-1 / 2012-13 dated 22.03.2013 issued by the Executive Engineer, Water Resources Division, Karimganj. IM to embankment along B/B of River Longai from Patherkandi to Nilambazar Ph-1. L / B of River Longai for 2012-13 (Breach closing work at Muraura). Approximate value - Rs. 1,11,150.00. (d) KXJ / T-10 / WO / Anipur / 2014-15 / 2 dated 22.05.2014 issued by the Executive Engineer, Water Resources Division, Karimganj. Strengthening & widening of embankment from Anipur to Mookamcherra covering both bank of river Shingla under Ratabari L.A.C. (Under C.M. Special Package) Approximate Value Rs. 2,82,509.00. (e) KXJ / T-10 / WO / Anipur / 2014-15 / 1 dated 12.10.2014 issued by the Executive Engineer, Water Resources Division, Karimganj. Strengthening & widening of embankment from Anipur to Mookamcherra covering both bank of river Shingla under Ratabari L.A.C. (Under C.M. Special Package) Approximate Value Rs. 3,35,938.00. (f) KXJ / T-10 / WO / SDRF-Shingla / 2017-18 / 5 dated 09.08.2019 issued by the Executive Engineer, Water Resources Division, Karimganj. IM to protecting the area from Phanairbond to Dullavpur from flooding of River. 3. It is pertinent to mention that the actual approximate value of the aforesaid work orders is:- (a) Rs. 69,224.00 + (b) Rs. 60,338.00 + (c) Rs. 99,866.00 + (d) Rs. 10,79,954.00 + (e) Rs. IM to protecting the area from Phanairbond to Dullavpur from flooding of River. 3. It is pertinent to mention that the actual approximate value of the aforesaid work orders is:- (a) Rs. 69,224.00 + (b) Rs. 60,338.00 + (c) Rs. 99,866.00 + (d) Rs. 10,79,954.00 + (e) Rs. 10,36,451.00 + (f) Rs. 8,16,250.00 = Total bill amount of Rs. 31,62,083.00. 4. It is further stated that the petitioner completed the aforesaid works within the stipulated time to the full satisfaction of all concerned and even though the bills were duly admitted by the respondent authorities, however, the said amount has not been disbursed to the petitioner till date. 5. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter diligently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.31,62,083/- due to the petitioner for which the petitioner is facing hardship. The learned counsel for the petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioner. Hence, the petitioner has approached this Court by filing the instant writ petition. 6. This Court has heard the learned counsels for the parties and perused the affidavit-in-opposition filed by the respondent No.6. From a perusal of the said affidavit-in-opposition, it is seen that the Respondent Authorities have admitted their liability of an amount of Rs.31,62,084/-. The details can be seen in paragraph Nos.5, 6 & 8 of the said affidavit-in-opposition which being relevant is reproduced herein under:- “5. That, the deponent begs to state that the petitioner is a registered contractor under the Water Resources Department, Government of Assam and has been allotted different work orders as mentioned below:- 6. That the deponent begs to state that after completion of the works the bills has been prepared by the department and the same is awaiting for payment after receiving of fund from the Higher Authorities under the head of the account. The deponent denies the statement that the payment to the contractor has not been made arbitrarily by the department, rather all the best efforts has been made from the end of the deponent for release of fund from Government. 8. The deponent denies the statement that the payment to the contractor has not been made arbitrarily by the department, rather all the best efforts has been made from the end of the deponent for release of fund from Government. 8. That the deponent begs to state that the amount payable to the petitioner for the work allotted to him, was Rs.31,62,084/- (thirty One Lakh Sixty Two Thousand Eighty Four) only which is lying in the office of the deponents awaiting for receipt of fund from the Government.” 7. Upon perusal of the materials on record, and more particularly the paragraphs quoted herein above, it would be seen that the respondents therefore admit that the petitioner is entitled to the amount of Rs.31,62,084/-. Accordingly, the writ petition is disposed of with the following observations and directions:- i) The petitioner is entitled to the amount of Rs.31,62,084/- as admitted by the Respondents. ii) The said amount of Rs.31,62,084/- be paid to the petitioner after making such statutory deductions, if so required within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the respondent No.4, i.e. the Additional Chief Engineer, Cachar & Hills Water Resources, Silchar. (iii) Any amount so paid during the pendency of the present writ petition towards the dues of the petitioner shall be set off while making payment to the petitioner.