Bhanu Kalita Vs the State of Assam and 4 Ors.

2:THE CHIEF ENGINEER IRRIGATION DEPTT. CHANDMARI ASSAM GUWAHATI- 781003 KAMRUP (M) 3:THE CHIEF ENGINEER (MINOR IRRIGATION) IRRIGATION DEPTT. CHANDMARI ASSAM GUWAHATI- 781003 KAMRUP (M) 4:EXECUTIVE ENGINEER IRRIGATION DEPTT. HAJO JALUKBARI DIVISION (IRRIGATION) AMINGAON KAMRUP (R) PIN- 781031

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5:THE ASSISTANT EXECUTIVE ENGINEER

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IRRIGATION DEPTT. HAJO SUB-DIVISION (IRRIGATION) HAJO KAMRUP (R) PIN- 78110

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Advocate for the Petitioner : MR P BHARDWAJ,

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Advocate for the Respondent : SC, IRRIGATION,

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BEFORE

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HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER

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13.10.2025

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Heard Mr P Bharadwaj, learned counsel appearing on behalf of the petitioner. Also heard Mr N N Upadhyay, learned Standing Counsel, Irrigation Department, appearing on behalf of all the respondents.

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The petitioner has preferred this writ petition, being aggrieved by the failure of the respondent authorities to prepare the proposal for payment of final bills to the petitioner with regard to certain work, which has been executed by the petitioner under work orders issued by the respondent authorities.

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The petitioner has stated that he was issued with a work order for maintenance and repair work at Dhuhi ELIS (Lahkarpara pc)- Repairing of Brick Line Canal and water trough and mechanical works under M & R for the year 2021-22, with approximate value of work at Rs. 4,50,000/-, to be completed within 30 days. The petitioner, thereafter, had been issued a work order by the Executive Engineer, Hajo Jalukbari Division (Irrigation), Amingaon, Guwahati, on 02.02.2022, to carry out the aforesaid work.

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It is the further case of the petitioner that the aforesaid work with certain

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modifications was required to be completed by the petitioner. The petitioner asserts that he has completed the work as per the Work Order dated 02.02.2022, but the respondents had failed to make payment of the same.

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Notice in this case was issued on 16.06.2023, on which date, the respondents were allowed to examine the claim of the petitioner and ensure preparation of the proposal, if not already made.

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On 08.05.2024 and 29.01.2025, the learned counsel appearing for the Irrigation Department had submitted that the amount found admissible to the petitioner against his contractual dues has already been paid to the petitioner.

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On the matter being listed today, the learned counsel for the respondents has produced a communication dated 11^th of February, 2025, issued by the Chief Engineer, Irrigation, Assam, Guwahati-3, that the demand of fund submitted by the Executive Engineer against the work allotted to the petitioner had been issued from the Finance Department and the same had already been disbursed by the Executive Engineer, Hajo Jalukbari Division (Irrigation), in favour of the petitioner.

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The learned counsel for the petitioner has stated that he is yet to receive instructions from his client, regarding the payment of his bills as stated in the letter dated 11^th of February, 2025.

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Since it is the specific stand of the respondent authorities that the petitioner has been paid his dues for the work executed by him, this Court does not find any issue remaining for adjudication in the matter. Accordingly, this writ petition is disposed of, by recording the submission of the counsel for the respondents that the relief sought for by the petitioner has been granted, since the submission has been made on the basis of

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written instructions issued by the respondent authorities.

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