Gauhati High Court
WP(C)/1289/2026 of SHAZIBUL HASSAN MOLLAH Vs THE STATE OF ASSAM AND 7 ORS on 28 April 2026
GAHC010036382026 2026:GAU-AS:5906 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1289/2026 SHAZIBUL HASSAN MOLLAH S/O- MONZEL HOSSAIN MOLLAH, R/O- VILL- BALIABIL, P.O.-KALAPANI, P.S.-MANKACHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM, PIN-
GAHC010036382026
2026:GAU-AS:5906
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1289/2026
SHAZIBUL HASSAN MOLLAH
S/O- MONZEL HOSSAIN MOLLAH, R/O- VILL- BALIABIL, P.O.-KALAPANI, P.S.-MANKACHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783135
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR, GUWAHATI-06.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6
3:THE DIRECTOR OF PANCHAYAT AND RURAL DEVELOPMENT
JURIPAR
PANJABARI
GUWAHATI-38
4:DISTRICT COMMISSIONER
SOUTH SALMARA MANKACHAR
HATSINGIMARI
P.O.- FEKAMARI
P.S.-SUKCHAR
DIST.-SOUTH SALMARA MANKACHAR
ASSAM
PIN-783135
5:THE CHIEF EXECUTIVE OFFICER
SOUTH SALMARA MANKACHAR ZILA PARISHAD
HATSINGIMARI
DIST- SOUTH SALMARA MANKACHAR
PIN-783135
6:THE BLOCK DEVELOPMENT OFFICER
FEKAMARI DEVELOPMENT BLOCK
P.O.- FEKAMARI
P.S.-SUKCHAR
DIST- SOUTH SALMARA MANKACHAR
ASSAM
PIN-783135.
7:THE EXECUTIVE ENGINEER
FEKAMARI DEVELOPMENT BLOCK
P.O.- FEKAMARI
P.S.-SUKCHAR
DIST- SOUTH SALMARA MANKACHAR
ASSAM
PIN-783135
8:THE SECRETARY HAZIRHAT GAON PANCHAYAT
P.O.-HAZIRHAT
DIST-SOUTH SALMARA MANKACHAR
PIN-78312
Advocate for the petitioner(s): Mr. A Islam 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
29.04.2026 Heard Mr. A Islam, learned counsel appearing on behalf of the petitioner. Also heard Ms. N Borah, the learned Standing Counsel, P & RD Department,
Govt. of Assam.
2. The instant writ petition has been filed by the petitioner challenging the inaction on the part of the respondent authorities in releasing the outstanding bill amounting to Rs.39,87,100/- to which the petitioner is entitled to in respect of the work order allotted to him to carry out “Construction of Boulder Anicut check Dum for Community from Moulobir Char to Dhalumari at Khopati Pt-I under MGNREGA for the Year 2022-2023 under Fekamari Development Block”.
3. The case of the petitioner herein is that the petitioner had executed the aforesaid Contractual Work to the satisfaction of the respondent authorities. In this regard, a Site Inspection Report dated 03.06.2023 has been issued by the respondent authorities reporting its satisfactory functioning which is annexed as Annexure-5 to the writ petition. The petitioner thereafter submitted the outstanding bills for a total amount of Rs.39,87,100/-, which is still pending.
4. The petitioner made several representations before the respondent authorities from time to time for release of the aforesaid outstanding dues, but the same has not yielded any result. Consequently, finding no other alternatives, the petitioner has approached this Court by way of the instant writ petition seeking a direction for release of the said amount.
5. Ms. N Borah, the learned counsel appearing on behalf of the respondents submitted that there is no denial to the fact that the work order in question was issued to the petitioner. The learned counsel for the respondents, however, submitted that the entitlement of the petitioner would depend upon verification to be carried out by the respondent authorities.
6. Upon perusal of the materials on record, this Court is of the opinion that if the petitioner had completed the work, the petitioner would be entitled to the amount. However, for the same, verification on the part of the respondent authorities would be required.
7. This Court further finds it relevant to observe that the petitioner claims that an outstanding bill of Rs.39,87,100/- is still due to be paid to the petitioner and this Court in exercise of the writ jurisdiction cannot decide as to whether the petitioner would be entitled to the amount so claimed.
8. Taking into account the above, this Court directs the respondent authorities to verify the entitlement of the petitioner and the respondent authorities if upon verification finds that the petitioner is entitled to any amount, the same be paid to him.
9. The said 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 Commissioner & Secretary to the Govt. of Assam, Panchayat and Rural Development Department, Guwahati.
10. With above observations and directions, the instant writ petition stands disposed of.
JUDGE Comparing Assistant