Gauhati High Court
WP(C)/1355/2026 of DILWAR HUSSAIN LASKAR Vs THE STATE OF ASSAM AND 6 ORS on 10 May 2026
GAHC010041512026 2026:GAU-AS:6419 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1355/2026 DILWAR HUSSAIN LASKAR S/O MOINUL HAQUE LASKAR, R/O RABINDRA SARANI, WARD NO. 4, P.S AND DIST- HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS
GAHC010041512026
2026:GAU-AS:6419
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1355/2026
DILWAR HUSSAIN LASKAR
S/O MOINUL HAQUE LASKAR, R/O RABINDRA SARANI, WARD NO. 4, P.S
AND DIST- HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE SPECIAL CHIEF SECRETARY TO THE GOVT OF
ASSAM, WATER RESOURCE DEPARTMENT, DISPUR, GUWAHATI-06
2:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MADAIMGAON
BELTOLA
GUWAHATI- 29
3:THE CHIEF ENGINEER
WATER RESOURCE DEPARTMENT
BASISTHA
GUWAHATI-29
4:THE ADDITIONAL CHIEF ENGINEER
BARAK VALLEY W.R. ZONE
WATER RESOURCES DEPARTMENT
SILCHAR
5:THE ADDITIONAL CHIEF ENGINEER
CACHAR AND HILLS WATER RESOURCES DEPARTMENT
SILCHAR
6:THE SUPERINTENDING ENGINEER
WATER RESOURCES CIRCLE
HAILAKANDI
7:THE EXECUTIVE ENGINEER
WATER RESOURCE DIVISION
HAILAKAND
Advocate for the petitioner(s): Mr. IH Laskar Advocate for the respondent(s): Ms. R Deka, Standing Counsel, Water Resources Department Mr. SK Medhi, for respondent No.2
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
11.05.2026
Heard Mr. IH Laskar, the learned counsel appearing on behalf of the petitioner. I have also heard Ms. R Deka, the learned Standing Counsel for the Water Resources Department.
2. The instant writ petition has been filed by the petitioner challenging the non-payment of his dues amounting to Rs.1,16,61,019/-. According to the petitioner, he was awarded Work Order on 19.10.2020 to execute a Contract- Work under the Scheme ‘R/S to dyke along R/B of river Katakhal from Burniebrease T.E. to Burniepar Ferryghat for 2019-2020 (under C.M. Special Package)’ which the petitioner successfully executed and a Completion Report (Annexure-5 to the writ petition) was also submitted to that effect for an amount of Rs.1,16,61,019/- certifying that the progress of work was achieved to the extent of 100%. Thereafter, the respondent No. 4 placed a demand for fund before the respondent No.3 vide letter dated 17.01.2026 (Annexure-9 to the writ petition). However, till date the petitioner has not been released his outstanding dues. Being aggrieved, the petitioner has approached this Court with the present writ petition.
3. The case of the petitioner is that he is a Class-I(A) contractor engaged in execution of contractual works awarded by the respondent authorities, which the petitioner had duly executed within the stipulated time. It is the further case of the petitioner that although an inspection of the above-mentioned work was done and thereafter a completion report was prepared by the respondent authorities, the outstanding bill amount has not been cleared till date inspite of repeated approaches.
4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter bona fidely and diligently with the respondents, but the respondent authorities have not shown any interest in making payment of the admitted amount of Rs.1,16,61,019/- 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.
5. Ms. R Deka, the learned Standing Counsel appearing on behalf of the Water Resources Department submitted that she has not received any instruction in the matter. Be that as it may, the learned Standing Counsel of the Water Resources Department, however, submitted that as to whether the petitioner was awarded the contract and whether the petitioner had completed the work and is entitled to the amount claimed or any other amount would be subject to certain verifications which are required to be conducted by the respondent authorities.
6. This Court is of the opinion that if the petitioner has been awarded the contract work and thereupon has duly completed the work, the respondent authorities cannot deny the petitioner to the contractual dues which the petitioner is entitled to as per law as well as the terms of the agreement.
7. It is the opinion of this Court that the same would require certain verifications to be carried out by the concerned respondent authorities.
8. Accordingly, the instant writ petition stands disposed of with the following observations and directions:-
(i) The respondent authorities shall verify as to whether the contract in question was awarded to the petitioner and as to whether the petitioner had successfully executed the Contract-Work under the Scheme ‘R/S to dyke along R/B of river Katakhal from Burniebrease T.E. to Burniepar Ferryghat for 2019-2020 (under C.M. Special Package)’”.
(ii) The respondent authorities shall also verify as to whether the petitioner had submitted the requisite documents which are required for the purpose of releasing the amount due as claimed by the petitioner.
(iii) The respondent authorities shall also verify the entitlement of the petitioner to the dues, and if upon verification in the manner stated above, it is found that the petitioner is entitled to any such amount, the respondent authorities shall pay the same to the petitioner.
(iv) The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the
Respondent No.2, i.e. the Chief Engineer, Water, Resources Department, Guwahati.
JUDGE Comparing Assistant