Gauhati High Court
WP(C)/3904/2025 of ACHINTA GHOSH Vs THE STATE OF ASSAM AND 5 ORS on 4 August 2026
GAHC010148352025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3904/2025 ACHINTA GHOSH S/O- LATE BROJENDRA CH. GHOSH, R/O- BILASIPARA WARD NO. 1, P.O. AND P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN- 783348. VERSUS THE STATE OF ASSAM AND 5
GAHC010148352025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3904/2025
ACHINTA GHOSH
S/O- LATE BROJENDRA CH. GHOSH, R/O- BILASIPARA WARD NO. 1, P.O.
AND P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN- 783348.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION
ASSAM
DISPUR
GUWAHATI-06.
3:THE DISTRICT COMMISSIONER
DHUBRI
ASSAM
PIN- 783301.
4:THE EXECUTIVE OFFICER
BILASIPARA MUNICIPAL BOARD
BILASIPARA
P.O. AND P.S. BILASIPARA
DIST. DHUBRI
ASSAM
PIN- 783348.
5:THE BILASIPARA MUNICIPAL BOARD
REPRESENTED BY THE CHAIRMAN
BILASIPARA MUNICIPAL BOARD
P.O. AND P.S. BILASIPARA
DIST. DHUBRI
ASSAM
PIN- 783348.
6:THE ASSISTANT ENGINEER
BILASIPARA MUNICIPAL BOARD
P.O. AND P.S. BILASIPARA
DIST. DHUBRI
ASSAM
PIN- 783348
Advocate for the petitioner(s): Mr. J Islam Advocate for the respondent(s): Mr. M Pathak For respondent Nos.4 to 6
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
05.08.2026
Heard Mr. J Islam, the learned counsel appearing on behalf of the petitioner. Also heard Mr. M Pathak, the learned counsel, who appears on behalf of the respondent Nos.4 to 6.
2. An affidavit has been filed by the respondent Nos.4 to 6 in terms with the order dated 27.07.2026.
3. The petitioner has approached this Court being aggrieved by the inaction on the part of the respondent Nos.4, 5 and 6 in not issuing the work order to the petitioner.
4. It is the submission made on behalf of the respondent Nos.4, 5 and 6 that earlier the said respondents have not issued the work order on the ground of certain complaint. However, subsequently when the said complaint was withdrawn, the respondent Nos.4, 5 and 6 intend to issue the work order to the petitioner.
5. Paragraph 6 of the said affidavit filed by the i/c. Executive Officer of the Bilasipara Municipal Board being relevant is reproduced hereinunder: “6. That in view of the withdrawal of the complaint the Board in its meeting dated 29/05/2026 discussed the matter in details and vide its Resolution No. 4 (Ka) decided to issue necessary work order to the lowest bidder Shri Achinta Ghosh as per decision taken on 04/03/2025 by the Tender Evaluation & Monitoring for Municipal Lever Committee, Bilasipara Municipal Board, if the bidder at present ready to implement the work at the rate fixed earlier”.
6. The learned counsel for the petitioner, therefore, submits that as the respondents Nos.4, 5 and 6 are willing to issue the work order to the petitioner and the petitioner is ready to carry out the work as per the earlier rate fixed, the petitioner, therefore, has no grievance and accordingly submits that the petitioner would not like to pursue the present proceedings.
7. In view of the above submissions, the writ petition stands closed.
8. It is observed that the contents of the paragraph No.6 of the affidavit filed by the respondent Nos.4, 5 and 6 shall be deemed to be an undertaking given before this Court. JUDGE Comparing Assistant