GAUHATI HIGH COURT ISSUES ORDER ON MEHBUB AHMED LASKAR V/S THE STATE OF ASSAM AND ORS

GUWAHATI, India, Aug. 23 -- Gauhati High Court issued the following order on July 23:

1. Heard Mr. M. H. Laskar, the learned counsel appearing on behalf of the petitioner and Mr. C. Sarma, the learned Standing Counsel who appears on behalf of the Water Resources Department.

2. The instant writ petition is filed by the petitioner challenging the non-payment of the contractual bill for the work awarded to him vide the work order dated 31.10.2020 for the value of Rs.1,72,19,698.75 for execution of the work "Anti-erosion measures to protect Sahabad Rongpur village area from the erosion of river Katakhal on its L/B Ph-II (Under CM Special Package)".

3. The case of the petitioner herein is that pursuant to the work order dated 31.10.2020, the petitioner had completed the said work as per the plan and estimate in the year 2022. It is stated that during the execution of the work, the petitioner received an amount of Rs.42,56,900/- only out of total bill amount of Rs.1,72,04,828/-, and accordingly, an amount of Rs.1,29,47,928/- remained as contractual dues and the same has not been disbursed to him till date. Being aggrieved, the petitioner has approached this Court by filing the instant writ petition.

4. Mr. C. Sarma, the learned Standing Counsel appearing on behalf of the Water Resources Department submitted an instruction issued by the Executive Engineer, Hailakandi Water Resource Division wherein it has been duly admitted that the petitioner is entitled to an amount of Rs.1,29,47,928/-. It has also been admitted that earlier an amount of Rs.42,56,900/- was already paid to the petitioner, and thereafter, the remaining entitlement of the petitioner is Rs.1,29,47,928/-. Further to that, it has also been stated that after due verification on the basis of the materials, administrative approval which was taken had expired on 07.02.2023, and in that regard, a proposal for revalidation of the scheme has been submitted to the concerned authorities and upon receiving, the demand for payment could be submitted to the concerned authorities.

5. It further appears that the said instructions as well as the para-wise comments have been forwarded to the learned Standing Counsel of the Water Resources Department by the Assistant Chief Engineer, Water Resources Department. The same is kept on record collectively and marked with the letter "X".

6. This Court therefore enquired with Mr. C. Sarma, the learned Standing Counsel appearing on behalf of the Water Resources Department as to how much time would be required for making the said payment as the amount to which the petitioner has claimed is duly admitted. The learned Standing Counsel, Water Resources Department submitted that there are certain formalities relating to revalidation of the scheme which would take some time.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x7JbKE6%2Fq6RFylh7Xmq3x5WkirwhDSRx7l%2BUQJ%2BfY4qe&caseno=WP(C)/3191/2025&cCode=1&cino=GAHC010121932025&state_code=6&appFlag=)

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