State Water Resources officials sought review of a coordinate bench order directing release of funds for clearance of bills under a scheme, contending non-joinder of the Ministry of Jal Shakti. The court held the Ministry was represented when the order was passed and had not sought review; no ground to recall it.
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GAHC010130382025
2025:GAU-AS:10590
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./130/2025
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, WATER RESOURCES DEPTT., DISPUR, GUWAHATI 781006, ASSAM.
2: THE CHIEF ENGINEER
WATER RESOURCES DEPTT. CHANDMARI GUWAHATI 03 ASSAM.
3: THE SUPERINTENDING ENGINEER
NAGAON AND MORIGAON WATER RESOURCE CIRCLE R.K.B. ROAD HAIBARGAON DIST. NAGAON ASSAM 782001
4: THE EXECUTIVE ENGINEER
MORIGAON WATER RESOURCE DIVISION MORIGAON ASSAM 78210
VERSUS
AJIT SARMAH S/O LATE GOLUK SARMAH, R/O VILL. MOHMARIA, P.O. DAKARGHAT, P.S. NAGAON (SADAR), DIST. NAGAON, ASSAM 782003
For the petitioner (s) : Ms. R. Deka,
SC, Water Resource
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For the respondent (s) : XXXX
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 11.08.2025 Date of Judgment : 11.08.2025
JUDGMENT AND ORDER (ORAL)
Heard Ms. R. Deka, the learned counsel appearing on behalf of the review petitioners.
“(1) Within 15 (fifteen) days from today, the concerned official of the State Government of Assam will communicate the supplementary budget passed in the last Assembly Session pertaining to the scheme to the competent authority of the Ministry of Jal Shakti, Government of India.
(2) Within 60 (sixty) days from the date of receipt of such communication, the Ministry of Jal Shakti to release the amount due under the schemes to the concerned Department of the Government
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of Assam.
(3) Upon receipt of the amount, bills of the writ petitioners shall be processed and cleared within a further period of 45 days.
In view of the directions issued herein above, the respondents to complete the entire process within a period of four months from today.
A copy of this order be furnished to Mr. B. Goswami, learned Addl. Advocate General, Assam and Mr. R. K. Dev Choudhury, learned DSGI.
The written instructions dated 26.09.2022 be kept as a part of the record of this case.
All these writ petitions stand disposed of accordingly.”
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the learned counsel for the review petitioners has, however, candidly submitted that the order dated 27.09.2022 passed by this Court even in respect of those writ petitions where the Ministry of Jal Shakti was impleaded as party, has not been complied with till today.
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JUDGE
Comparing Assistant
1 issue framed by the court
Whether the common order dated 27.09.2022 in WP(C) No.6336/2021 could be reviewed on the ground that the Ministry of Jal Shakti was not impleaded as a party in the review petitioners' writ petition.
The State of Assam and 3 Ors (represented by the Secretary to the Government of Assam, Water Resources Department)
Ajit Sarmah s/o Late Goluk Sarmah
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
