Gauhati High Court
WP(C)/2487/2026 of ISMAIL ALI Vs THE STATE OF ASSAM AND 8 ORS on 9 June 2026
GAHC010089422026 2026:GAU-AS:8273 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2487/2026 ISMAIL ALI S/O - SAHAR ALI, VILL/TOWN- JAMBARI, P.S.- BOKO, SUB-DIVN- KAMRUP, DISTRICT - KAMRUP (ASSAM) VERSUS THE STATE OF ASSAM AND 8 ORS TO BE
GAHC010089422026
2026:GAU-AS:8273
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2487/2026
ISMAIL ALI
S/O - SAHAR ALI, VILL/TOWN- JAMBARI, P.S.- BOKO, SUB-DIVN- KAMRUP, DISTRICT - KAMRUP (ASSAM)
VERSUS
THE STATE OF ASSAM AND 8 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND CHIEF SECRETARY
TO THE GOVT OF ASSAM, DISPUR, GUWAHATI-6
2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI- 06
3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
JURIPAR
PANJABARI
GUWAHATI -37
4:THE DIRECTOR
FINANCE (ECONOMIC AFFAIRS) DEPTT.
DISPUR
GUWAHATI-6
5:THE DISTRICT COMMISSIONER
KAMRUP(RURAL)
DISTRICT - KAMRUP RURAL
AMINGAON
6:CHIEF EXECUTIVE OFFICER
KAMRUP ZILA PARISHAD
PANBAZAR
GUWAHATI -1
7:THE PRESIDENT
KAMRUP ZILA PARISHAD
DISTRICT - KAMRUP RURAL
ASSAM.
8:THE CHIEF ACCOUNTS OFFICER
KAMRUP ZILA PARISHAD
GUWAHATI -1
9:THE EXECUTIVE ENGINEER
KAMRUP ZILA PARISHAD
GUWAHATI-
Advocate for the petitioner(s): Mr. AR Bhuyan Advocate for the respondent(s): Ms. N Borah Standing Counsel, P & RD Department B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
10.06.2026
Heard Mr. AR Bhuyan, the learned counsel appearing on behalf of the petitioner. Also heard Ms. N Borah, the learned counsel who appears on behalf of the P & RD Department of the Govt. of Assam.
2. The petitioner herein has approached this Court seeking a direction upon the respondent Nos.2, 3, 4, 8 and 9 to release and disburse the pending bills of the petitioner for the work executed under the Work Order dated 07.03.2020.
3. The materials on record show that the petitioner was issued a notice to proceed on 07.03.2020 for carrying out the work of “Land Development with Construction of Boundary Wall and Drainage System at Proposed New Office Campus of Kamrup Zila Parishad, Amingaon under the 5th ASFC/2017-18 ”.
4. A perusal of the notice to proceed with the work shows that the work was required to be completed within a period of 12(twelve) months.
5. It is the case of the petitioner that the petitioner on the basis of the notice to proceed started to mobilize his resources and carried out the work of pile construction for the boundary wall. This aspect is apparent from the Certificate given by the Chief Executive Officer, Kamrup Zila Parishad, Amingaon, Guwahati dated 23.10.2024 and in that regard, the petitioner has also enclosed the photographs showing the ongoing constructions at Annexure-7 to the writ petition.
6. It is the further case of the petitioner that inspite of the petitioner mobilizing the resources, not a single penny was paid to the petitioner i.e. the respondents have not carried out their reciprocal obligations. Resultantly, the petitioner could not further continue with the work and, as such, has sought for a direction by issuance of a writ that the respondent authorities should make the payment of the amount to which the petitioner is entitled to.
7. This Court has duly heard the learned counsels appearing on behalf of the parties and had also perused the materials on record.
8. The questions as to whether there was reciprocal obligations carried out by the respondents; the extent of the work carried out by the petitioner; whether the payment was to be made on the basis of availability of funds etc. are various questions which can only be decided in a forum where evidence can be adduced. The Writ Court, in the opinion of this Court cannot delve into such detail.
9. Under such circumstances, this Court, therefore, is not inclined to entertain the instant writ petition, for which, the writ petition stands dismissed.
10. Before parting with the records, this Court, however, observes that the dismissal of the instant writ petition by this Court shall not preclude or prejudice the petitioner to approach the competent Court of Civil Jurisdiction, if so permissible under the law.
11. Further to that, the period when the present proceedings have been pending i.e., from 06.05.2026 till date be excluded while computing the period of limitation.
JUDGE Comparing Assistant