Gauhati High Court
WP(C)/22/2026 of ASHOK KR GHOSH ALIAS ASHOK GHOSH Vs THE STATE OF ASSAM AND 4 ORS on 28 April 2026
GAHC010282072025 2026:GAU-AS:5904 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/22/2026 ASHOK KR GHOSH ALIAS ASHOK GHOSH S/O- ATUL CHANDRA GHOSH, R/O- VILL.- GOALTULI, P.O., P.S. AND DISTRICT- GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM AND
GAHC010282072025
2026:GAU-AS:5904
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/22/2026
ASHOK KR GHOSH ALIAS ASHOK GHOSH
S/O- ATUL CHANDRA GHOSH, R/O- VILL.- GOALTULI, P.O., P.S. AND
DISTRICT- GOALPARA, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF
ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE CHIEF ENGINEER (PHE) WATER
ASSAM
HENGRABARI
GUWAHATI-36.
3:THE ADDL. CHIEF ENGINEER (PHE)
LOWER ASSAM ZONE
GUWAHATI- 21.
4:THE SUPERINTENDENT ENGINEER (SE) PHE
GUWAHATI CIRCLE
GUWAHATI- 21.
5:THE EXECUTIVE ENGINEER (PHE)
GOALPARA DIVISION
GOALPARA
Advocate for the petitioner(s): Mr. H Das Advocate for the respondent(s): Mr. I Borthakur, Standing Counsel, PHE Department B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
29.04.2026
Heard Mr. H Das, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. I Borthakur, the learned Standing Counsel for the PHE Department.
2. The instant writ petition has been filed by the petitioner challenging the non-payment of his dues amounting to Rs.2,53,242/- in respect of the final work order vide Memo No.SEPH/GC/TB-4254(A)/2019-2020/3521 dated 31.07.2019 issued by the Superintendent Engineer (PHE), Guwahati Circle “for Construction of Compound Fencing, Site Development & Sign Board, Construction of Pump House, Construction of Iron Filter in Hajongpara (Camp Bazar) PWSS under SWAJAL for the year 2019-20 under Goalpara Division”.
3. The case of the petitioner is that he is a registered Class-I(C) category 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 the above- mentioned work under the Goalpara Public Health Engineering Division were completed, the outstanding bill amount has not been cleared till date inspite of repeated approaches. The total amount claimed to be payable to the petitioner is Rs.2,53,242/-.
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.2,53,242/- 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. Mr. I Borthakur, the learned Standing Counsel appearing on behalf of the PHE Department submitted that he has not received any instruction in the matter. Be that as it may, the learned Standing Counsel of the PHE 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 and thereupon has duly completed the work, the respondent authorities cannot deny the petitioner to the contractual amount 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 work, i.e. “for Construction of compound fencing, Site Development & Sign Board, Construction of Pump House, Construction of Iron Filter in Hajongpara (Camp Bazar) PWSS under SWAJAL for the year 2019-20 under Goalpara Division”.
(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, (Public Health Engineering) Water, Assam, Guwahati.
JUDGE
Comparing Assistant