Gauhati High Court

WP(C)/151/2026 of M/S M.P. AGARWALLA AND ANR Vs THE STATE OF ASSAM AND 4 ORS on 3 May 2026

Cites 0, Cited by 0

GAHC010285302025 2026:GAU-AS:6074 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/151/2026 M/S M.P. AGARWALLA AND ANR REPRESENTED BY SRI VENUS AGARWALLA, S/O- SRI BINOD KUMAR AGARWALLA, AGED ABOUT 42 YEARS, HAVING REGISTERED OFFICE AT WARD

GAHC010285302025

2026:GAU-AS:6074

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/151/2026

M/S M.P. AGARWALLA AND ANR

REPRESENTED BY SRI VENUS AGARWALLA, S/O- SRI BINOD KUMAR

AGARWALLA, AGED ABOUT 42 YEARS, HAVING REGISTERED OFFICE AT

WARD NO 2, A T ROAD BOKAKHAT TOWN, P.O. BOKAKHAT, P.S.

BOKAKHAT, DIST GOLAGHAT, ASSAM, PIN- 785612

2: SRI VENUS AGARWALLA

S/O- SRI BINOD KUMAR AGAWALLA

AGED ABOUT 42 YEARS

ONE OF THE PARTNER OF M/S M.P. AGARWALLA

R/O WARD NO. 2

A T ROAD BOKAKHAT TOWN

P.O. BOKAKHAT

P.S.- BOKAKHAT

DIST GOLAGHAT

ASSAM

PIN 78561

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OFASSAM, IRRIGATION DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI- 781006

2:THE CHIEF ENGINEER

IRRIGATION

ASSAM

CHANDMARI

GUWAHATI 781003

3:THE SUPERINTENDING ENGINEER

JORHAT CIRCLE (IRRIGATION)

JORHAT

DIST. JORHAT

ASSAM

PIN- 785001

4:THE EXECUTIVE ENGINEER

BOKAKHAT KHUMTAI-DERGAON DIVISION (IRRIGATION)

BOKAKHAT

DIST. GOLAGHAT

ASSAM

PIN 785612

5:THE COMMISSIONER AND SECRETARY

TO THE GOVT. OF ASSAM

DEPARTMENT OF FINANCE

ASSAM CIVIL SECRETARIAT

DISPUR

GUWAHATI- 78100

Advocate for the petitioner(s): Mr. S Sutradhar Advocate for the respondent(s): Mr. N Upadhyay, Standing Counsel, Irrigation Department B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

04.05.2026

Heard Mr. S Sutradhar, the learned counsel appearing on behalf of the petitioners. Mr. N Upadhyay, the learned counsel, who appears on behalf of the Irrigation Department.

2. The case of the petitioner herein is that the petitioner had executed a contract-work awarded vide No.JC(I)/Tech/ORD/NABARD/2023/1981 dated

18.07.2023 by the Superintending Engineer, Jorhat Circle (Irrigation), Jorhat for the work of “MDTWS (5 points) at Rangamati Mouza under RIDF-XXVIII NABARD for the year 2022-23 under Bokakhat Khumtai Division (Irrigation) Bokakhat”.

3. It is the further case of the petitioner that after completion of the allotted work by the petitioner, the Executive Engineer, Bokakhat-Khumtai-Dergaon Division (Irrigation) along with the Assistant Executive Engineer, Bokakhat Sub- Division (Irrigation) visited the site of work physically and accordingly the Executive Engineer, Bokakhat-Khumtai-Dergaon Division (Irrigation) issued the Completion Report with an outstanding admitted bills of an amount of Rs.1,36,51,634/-. The learned counsel for the petitioner submitted that the respondent No.4 thereafter vide his letter dated 08.09.2025 submitted a proposal before the respondent No.2 for demand of fund amounting to Rs.1,36,51,634/-. However, the said amount inspite of being admitted by the respondent authorities has not been paid to the petitioner till date. Finding no other alternative, the petitioner has approached this Court by filing the present writ petition.

4. Mr. N Upadhyay, the learned counsel appearing on behalf of the Irrigation Department submits that as to whether the petitioner has executed the contract work in question is a subject matter of verification which needs to be carried out by the respondent authorities and it is only on the basis of such verification, the actual entitlement of the petitioner could be ascertained.

5. Upon hearing the learned counsels appearing on behalf of the parties, this Court is of the opinion that the interest of justice would be met if a direction is given to the respondent authorities to verify as to whether the petitioner has executed the contract work in accordance with the work order mentioned hereinabove and thereupon to ascertain the amount to which the petitioner is entitled to.

6. It is under such circumstances, this Court, therefore, disposes of the instant writ petition thereby directing the respondent authorities, more particularly, the respondent No. 2 to verify the entitlement of the petitioner on the basis of the work order which were issued in favour of the petitioner and as to whether the petitioner has successfully executed the contract work in question and thereupon, after verification, if it is found that the petitioner is entitled to any amount, the same be paid to the petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the respondent No.2 i.e. the Chief Engineer, Irrigation, Assam, Guwahati and the payment thereupon be made in terms with the judgment rendered in the case of Tamsher Ali (supra).

7. With above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead