Gauhati High Court
WP(C)/4333/2026 of SRK METALS AND PLASTICS PVT LTD Vs THE STATE OF ASSAM AND OTHERS on 13 August 2026
GAHC010171472026 2026:GAU-AS:11605 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4333/2026 SRK METALS AND PLASTICS PVT LTD REPRESENTED BY ITS DIRECTOR, SHRI KRISHNA AGARWAL, REGISTERED OFFICE AND FACTORY AT VILL BONDA, P.O-BONDA, P.S-
GAHC010171472026
2026:GAU-AS:11605
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4333/2026
SRK METALS AND PLASTICS PVT LTD
REPRESENTED BY ITS DIRECTOR, SHRI KRISHNA AGARWAL, REGISTERED OFFICE AND FACTORY AT VILL BONDA, P.O-BONDA, P.S- PRAGJYOTISHPUR, GHY, PIN- 781026, DIST. KAMRUP METRO, ASSAM
VERSUS
THE STATE OF ASSAM AND OTHERS
REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, PUBLIC
HEALTH ENGINEERING DEPARTMENT, DISPUR, GHY, PIN- 781006
2:THE SPECIAL CHIEF SECRETARY
GOVT OF ASSAM
PUBLIC HEALTH ENGINEERING DEPARTMENT
GOVT OF ASSAM
DISPUR
3:THE PRINCIPAL SECRETARY
GOVT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GHY 781003
4:THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPARTMENT
GOVT OF ASSAM
HENGRABARI
GHY 781003
5:THE ADDITIONAL CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPARTMENT
OFFICE OF THE CHIEF ENGINEER
PUBLIC HELATH ENGINEERING DEPARTMENT
HENGARABARI
GHY
6:THE EXECUTIVE ENGINEER
PHE STORES AND WORKSHOP DIVISION
BETKUCHI
GH
For the Petitioner(s) : Ms. M. Hazarika, Sr. Advocate : Mr. D. Khan, Advocate For the Respondent(s) : Mr. R. R. Gogoi, SC, PHE
: Mr. R. Borpujari, SC, Finance
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 14.08.2026
Ms. M. Hazarika, the learned Senior counsel assisted by Mr. D. Khan, the learned counsel appearing on behalf of the Petitioner submitted that the Petitioner is compelled to approach this Court on account of the non-implementation of the directions passed by this Court in the judgment and order dated 13.11.2025 passed in WP(C) No.5273/2023 wherein the Special Chief Secretary to the Government of Assam, PHED was directed to carry out the necessary verification on the claims submitted by the Petitioner and thereupon make payment to the Petitioner, the dues as per the verification carried out by the Respondents. The learned Senior counsel submitted that this exercise was to be completed within a period of 90 (ninety) days from the date of submission of the claim by the Petitioner.
2. In pursuance to the judgment and order dated 13.11.2025, the Petitioner on 04.12.2025 not only submitted a certified copy of the judgment and order dated 13.11.2025 to the Special Chief Secretary to the Government of Assam, PHE Department but also provided the calculations as was directed in terms with Paragraph No.85(vii) of the judgment and order dated 13.11.2025.
3. It is the opinion of this Court that if the judgment and order dated 13.11.2025 passed in WP(C) No.5273/2023 have not been complied with, it is a case where the officials manning them holding their posts, in their personal capacity have acted in willful and deliberate violation to the directions passed by this Court.
4. Under such circumstances, as the willful and deliberate violation can be only qua a person and not the office, it is the opinion of this Court that the writ petition cannot be maintained for the purpose of implementation of the judgment and order passed by this Court dated 13.11.2025 passed in WP(C) No.5273/2023.
5. Ms. M. Hazarika, the learned Senior counsel submitted that in view of the opinion expressed by this Court, without prejudice to the Petitioner’s claim, the Petitioner may be permitted to withdraw the instant writ petition and if so advised, prefer an application for initiation of contempt proceedings against the persons responsible for willful and deliberate violation of the judgment and order dated 13.11.2025 passed in WP(C) No.5273/2023.
6. Taking into account the above, the instant writ petition therefore stands closed on withdrawal.
7. The withdrawal of the instant writ petition however shall not preclude or prejudice the Petitioner to avail remedies under the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, if so advised.
JUDGE Comparing Assistant