Disposed¶38

Nurjamal Sheikh v. the State of Assam and Ors.

Gauhati HC7 Dec 2025WP(C)/4771/2025

Case brief

AI extract

What is this about?

Writ petition disposed with directions; contractor bill payment; PWD Assam / BTC Kokrajhar; work order verification; completion certificate dated 18.12.2023; Rs.15,00,000/- dues pending; Tamsher Ali v. State of Assam, 2008 (4) GLT 1 (Full Bench) applied for payment terms; verification within one month; Justice Devashis Baruah; order dated 08.12.2025; WP(C)/4771/2025; 2025:GAU-AS:16928.

What did the court decide?

Direction to respondent Nos. 3, 6 and 7 to verify the petitioner's entitlement on the basis of the work order and completion of the work within one month of service of a certified copy of the order on respondent No. 5, and to pay any amount found payable in terms of the Full Bench judgment in Tamsher Ali v. State of Assam, 2008 (4) GLT 1. ¶38

Nurjamal Sheikh Vs the State of Assam and Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶38

Issue for consideration

Whether the petitioner is entitled to payment of the amount due on completion of the contractual work allotted by the respondent authorities, and whether the Court should direct verification of the entitlement and release of the pending payment.

¶30

Court's answer

Interest of justice would be met by directing the respondent authorities to verify whether the petitioner completed the work in accordance with the work order and thereupon ascertain the exact amount, if any, to which he is entitled.

¶36

Ratio / Principle

Writ petition disposed of with direction to respondent Nos. 3, 6 and 7 to verify the petitioner's entitlement on the basis of the work orders issued in his favour and whether he completed the work; any amount found payable to be paid in terms of the Full Bench judgment in Tamsher Ali v. State of Assam, 2008 (4) GLT 1.

¶37

Key takeaways

Verification to be completed within one month from the date a certified copy of the order is served upon respondent No. 5, with payment thereafter to be made in terms of the Tamsher Ali judgment.ratio¶37

Detailed headnote1 paragraphs

Gauhati High Court (Single Bench, Devashis Baruah, J.; order dated 08.12.2025) disposed of WP(C)/4771/2025 filed by contractor Nurjamal Sheikh seeking payment of Rs.15,00,000/- for completed work 'Immediate Temporary Restoration of Flood Damage Subway No.2/1 on Khoraghat Chowguri Road' (Kokrajhar Rural Road Division, year 202324), for which a completion certificate dated 18.12.2023 had been issued but payment remained pending despite representations. The BTC contended the completion and actual entitlement required verification. The Court directed respondent Nos. 3, 6 and 7 (PWD officials) to verify the petitioner's entitlement against the work order and completion of the work within one month of service of a certified copy of the order on respondent No. 5, and to pay any amount found payable in terms of the Full Bench judgment in Tamsher Ali v. State of Assam, 2008 (4) GLT 1.

Page No.# 1/4

GAHC010179492025

2025:GAU-AS:16928

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : WP(C)/4771/2025

¶6

NURJAMAL SHEIKH

¶7

S/O- FAYEZUDDIN SHEIKH, VILL- RAJAPARA PART I, P.O AND P.SBAGRIBARI, DIST- KOKRAJHAR, BTC ASSAM, PIN-783349,

¶8

VERSUS

¶9

THE STATE OF ASSAM AND ORS

¶10

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PWRD (WORKS) DEPARTMENT, DISPUR, GUWAHATI-06

¶11

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06

¶12

3:THE CHIEF ENGINEER PWD (ROADS) ASSAM CHANDMARI GUWAHATI-03

¶13

4:THE BODOLAND TERRITORIAL COUNCIL REP. BY THE PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM PIN-783370

¶14

5:THE SECRETARY PWD BTC KOKRAJHAR ASSAM PIN-783370

¶15

Page No.# 2/4

¶16

6:THE ADDL. CHIEF ENGINEER CUM DIRECTOR PWD BTC KOKRAJHAR ASSAM PIN-783370

¶17

7:THE SUPERINTENDING ENGINEER PWD (R AND B) CIRCLE BTC KOKRAJHAR ASSAM PIN-783370

¶18

8:THE EXECUTIVE ENGINEER PWD KOKRAJHAR RURAL ROAD DIVISION KOKRAJHAR BTC ASSAM . PIN-783370

¶19

9:THE ASSISTANT EXECUTIVE ENGINEER PWD GOSSAIGAON RURAL ROAD SUB-DIVISION KOKRAJHAR BTC ASSAM . PIN-783360

¶20

10:THE DISTRICT COMMISSIONER KOKRAJHAR BTC ASSAM . PIN-783370 11:THE CIRCLE OFFICER BAGRIBARI REVENUE CIRCLE BAGRIBARI KOKRAJHAR BTC ASSAM PIN-78334

¶21

Advocate for the petitioner(s): Mr. HR Ahmed

¶22

Advocate for the respondent(s): Mr. NR Sarma,

¶23

Standing Counsel, BTC

Page No.# 3/4

Mr. B Gogoi

Addl. AG, Assam

B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER

¶29

08.12.2025

¶30

The petitioner is aggrieved by the inaction on the part of the respondent authorities in not making payment of the amount to which the petitioner is entitled to upon completion of the contractual work allotted to him by the respondent authorities.

¶31

The case of the petitioner herein is that he had completed the work i.e. “Immediate Temporary Restoration of Flood Damage Subway No.2/1 on Khoraghat Chowguri Road in Kokrajhar Rural Road Division for the year 202324”. The petitioner thereafter on completion of the work submitted a bill of an amount of Rs.15,00,000/-. However, the said payment had not been made to the petitioner till date, for which, the petitioner has approached this Court by way of the instant writ petition.

¶32

It is the case of the petitioner that the petitioner had successfully completed the work to the satisfaction of the respondent authorities. In that regard, the respondent authorities had also issued completion certificate dated 18.12.2023. In spite of the same, the petitioner has not been paid his dues. The learned counsel for the petitioner submitted that the petitioner had made several representations before the respondent authorities for release of the said amount, however, the amount of Rs.15,00,000/- is still pending.

¶33

Mr. NR Sarma, the learned Senior Standing Counsel appearing on behalf of

¶34

Page No.# 4/4

¶35

the BTC submits that as to whether the petitioner has completed the work in question is a subject matter of verification which needs to be carried out by the respondent authorities and it is only on the basis of such verification, the actual entitlement of the petitioner can be ascertained.

¶36

Upon hearing the learned counsels for the parties, this Court is of the opinion that interest of justice would be met if a direction is given to the respondent authorities to verify as to whether the petitioner has completed the work in accordance with the work order mentioned hereinabove and thereupon to ascertain the exact amount to which the petitioner is entitled to, if any.

¶37

It is under such circumstances, this Court, therefore, disposes of the instant writ petition thereby directing the respondent authorities, more particularly, the respondent Nos.3, 6 and 7 to verify the entitlement of the petitioner on the basis of the work order which were issued in favour of the petitioner and as to whether the petitioner had completed the work in question and thereupon, after verification, if it is found that the petitioner is entitled to any amount, the same should be paid to the petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the respondent No.5 and the payment thereupon be made in terms with the judgment rendered in the case of Tamsher Ali (supra).

¶38

With above observations and directions, the instant writ petition stands disposed of.

¶39

JUDGE

¶40

Comparing Assistant

Nurjamal Sheikh v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Nurjamal Sheikh v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri Anwar Hussain Ahmed Vs Sri Narayan Das

Kosiron Nessa Vs the Union of India and 5 Ors.

Chan Mahmud @ Chanmamud Ali Vs the Union of India and 6 Ors.

Sabura Khatun Vs the Union of India and 6 Ors.

Nurjamal Sheikh Vs the State of Assam

Pradip Kalita Vs the State of Assam and 7 Ors.