This Court discharged the legal obligation to review, order under Article of of Writ, passed in connected writ petitions challenging the failure to clear pending bills. Petitioner argued non-joinder of Ministry of Jal Shakti. Court dismissed the petition.
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GAHC010127382025
2025:GAU-AS:15224
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./181/2025
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, WATER RESOURCES DEPTT., DISPUR, GUWAHATI 781006, ASSAM.
WATER RESOURCES DEPTT. CHANDMARI GUWAHATI 03 ASSAM.
3: THE SUPERINTENDING ENGINEER
WATER RESOURCES DEPTT. BHARALUMUKH GUWAHATI 09
4: THE EXECUTIVE ENGINEER
WATER RESOURCES DEPTT. GUWAHATI EAST WATER RESOURCES DIVISION GUWAHATI 0
VERSUS
RUPJYOTI PHUKAN
S/O HORE KRISHNA PHUKAN, R/O CHACHAL SIX MILE, P.O. AND P.S. DISPUR, DIST. KAMRUP (M), ASSAM.
Advocate for the Petitioner : MR R M DAS, SC, WATER RESOURCE
Advocate for the Respondent : ,
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Linked Case : WP(C)/7234/2021
RUPJYOTI PHUKAN S/O HOREKRISHNA PHUKAN RESIDENT OF CHACHAL SIX MILE PO AND PS DISPUR DIST KAMRUP (M) ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6
2:SECRETARY TO THE GOVT. OF ASSAM WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-3
3:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT (PREVIOUSLY DEPARTMENT OF FLOOD CONTROL GUWAHATI-3 GOVT. OF ASSAM CHANDMARI GUWAHATI-3
4:THE SUPERINTENDING ENGINEER WATER RESOURCES DEPARTMENT BHARALUMUKH GUWAHATI-9
5:EXECUTIVE ENGINEER WATER RESOURCES DEPARTMENT GUWAHATI EAST W.R. DIVISION GUWAHATI-8 ------------
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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Advocates for the petitioner(s) : Mr. RM Das
Advocates for the respondent(s) :
Date on which Judgment is reserved : NA
Date of Pronouncement of Judgment : 10.11.2025
Whether the Pronouncement is of the : NA Operative Part of the Judgment
Whether the Full Judgment has been : Yes Pronounced
JUDGMENT & ORDER(ORAL)
Heard Mr. RM Das, 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 of Assam.
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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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release the amount due under the scheme. The Ministry of Jal Shakti was duly represented by Mr. RK. Dev Choudhury, learned Deputy Solicitor General of India, but no objection was raised by the learned counsel for the respondents on the ground of non-joinder of necessary party. Moreover, the said Ministry has also not sought any review of the order.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the order dated 27.09.2022 passed in connected writ petitions can be reviewed on the ground that the Ministry of Jal Shakti was not impleaded as a party.
RUPJYOTI PHUKAN
THE STATE OF ASSAM
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
