Disposed¶33

Hifzur Rahman Mazar Bhuiya v. the State of Assam and 7 Ors.

Gauhati HC11 Jun 2025WP(C)/6258/2024

Case brief

AI extract

What is this about?

Hifzur Rahman Mazar Bhuiya v. State of Assam & 7 Ors; Gauhati High Court; WP(C)/6258/2024; GAHC010245022024; 2025:GAU-AS:7734; decided 12-06-2025; Justice Michael Zothankhuma; Water Resource Department Assam; Finance Department; NABARD; Executive Engineer Silchar Water Resource Division; Liability Certificate; outstanding bill payment; Running Account Bill; anti-erosion measures; Karatigram dyke; Annapurna Ferry Ghat NATHPARA; river Borak; DUDTHPATIL PART-V; Silchar Cachar; contractor dues; payment within six months; writ petition disposed.

What did the court decide?

Direction to the respondents to pay the petitioner's total outstanding bill amount of Rs. 1,44,11,300/- within 6 (six) months from the date of receipt of a certified copy of the order. ¶33

Hifzur Rahman Mazar Bhuiya Vs the State of Assam and 7 Ors. — Gauhati HC (2025) — LawSathi Research

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GAHC010245022024

2025:GAU-AS:7734

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

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Case No. : WP(C)/6258/2024

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HIFZUR RAHMAN MAZAR BHUIYA SON OF LATE NAZIBUR RAHMAN MAZAR BHUIYA, RESIDENT OF TARAPUR, MAZUMDER BAZAR, P.O.- TARAPUR, SILCHAR, DISTRICT- CACHAR, ASSAM, PIN- 788003.

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VERSUS

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THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR, GUWAHATI-06.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6.

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3:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT BASISTHA GUWAHATI- 29 ASSAM.

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4:THE ADDITIONAL CHIEF ENGINEER CACHAR AND HILLS WATER RESOURCE DEPARTMENT SILCHAR CACHAR ASSAM.

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5:THE SUPERINTENDING ENGINEER SILCHAR WATER RESOURCE CIRCLE SILCHAR CACHAR ASSAM.

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6:THE EXECUTIVE ENGINEER SILCHAR WATER RESOURCE DIVISION CACHAR SILCHAR. 7:THE ASSTT. EXECUTIVE ENGINEER SILCHAR WATER RESOURCE SUB-DIVISION-II CACHAR SILCHAR.

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8:NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT (NABARD) REGIONAL OFFICE- GUWAHATI OPPOSITE ASSAM SECRETARIAT G.S. ROAD GUWAHATI- 781001 REPRESENTED BY THE CHIEF GENERAL MANAGER

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Advocate for the Petitioner : MR. D CHAKRABARTY, MS D.CHAKRABARTY

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Advocate for the Respondent : SC, WATER RESOURCE, SC, FINANCE DEPTT.

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 12-06-2025

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Heard Mr. D Chakrabarty, learned counsel for the petitioner. Also heard

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Ms. D Jain, learned counsel for the respondent Nos. 1, 3 to 7 as well as Mr. B Gogoi, learned counsel for the respondent No. 2.

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2. The petitioner’s case is that on 25.09.2019, work order was issued in favour of the petitioner in respect of the Scheme, namely "Anti-erosion measures to

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protect Karatigram area at the dyke along R/B of Borak from S.L.P.W.D. Road to Madhuramukh". On 08.12.2020, 100% work was completed by the petitioner in respect of the aforesaid Scheme. Thereafter, on 24.12.2020, work order was issued in favour of the petitioner in respect of another Scheme, namely "Antierosion measures to protect Annapurna Ferry Ghat (NATHPARA) from the erosion of river Borak on its R/B (DUDTHPATIL PART- V)". On 03.02.2021, bill amounting to Rs. 84,64,117/- was raised in respect of the first Scheme. Thereafter, on 23.12.2021, 1st Running Account Bill for an amount of Rs. 1,99,88,275.31/ was raised in respect of the second Scheme. In the meanwhile, on 07.02.2022, 100% work was completed by the Petitioner in respect of the second Scheme. Thereafter, on 28.02.2022, 2nd Running Account Bill for an amount of Rs. 24,31,466.44 (Rupees Twenty Four Lakhs Thirty One Thousand Four Hundred Sixty Six and paise Forty Four) was raised in respect of the second Scheme. On 25.03.2022, the petitioner was paid an amount of Rs. 84,36,145/- only as part payment of one of the bills. An outstanding bill amount of Rs. 1,44,11,300/- only remained unpaid to the petitioner for more than 2 years.

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3. As such, on 18.10.2024, the petitioner preferred representation before respondent No. 6 for issuing a Liability Certificate against both the Schemes.

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4. On 22.10.2024, Liability Certificate has been issued by respondent No. 6 showing a total admitted liability of Rs. 1,44,11,300/- yet to be paid to the petitioner under both the Schemes.

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5. Ms. D Jain, learned counsel for the respondent Nos. 1, 3 to 7 submits that the claim of the petitioner is not denied by the respondents and as such,

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payments can be made to the petitioner, as and when funds are made available to the respondents.

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6. On perusing the orders of this Court, this Court finds that Ms. D Jain, learned counsel for the Water Resource Department had also made the same submission on 29.05.2025, which is to the effect that the claim of the petitioner was not denied by the Department. However, she needed 2 (two) weeks time to file affidavit. However, Ms. D Jain, learned counsel has not filed the affidavit till date.

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7. In view of the fact that there is no denial of the petitioner’s claim by the respondents, the respondents are directed to pay to the petitioner his total outstanding bill amounting to Rs. Rs. 1,44,11,300/-, within a period of 6 (six) months from the date of receipt of a certified copy of this order.

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8. The writ petition is disposed of accordingly.

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Comparing Assistant

Procedural history

How this case reached the court

AI extract

Prior proceeding
Work order issued on 25.09.2019 in favour of the petitioner for the Scheme 'Anti-erosion measures to protect Karatigram area at the dyke along R/B of Borak from S.L.P.W.D. Road to Madhuramukh'.¶25
Prior proceeding
100% of the work under the first Scheme completed by the petitioner on 08.12.2020.¶25
Prior proceeding
Work order issued on 24.12.2020 for the second Scheme 'Antierosion measures to protect Annapurna Ferry Ghat (NATHPARA) from the erosion of river Borak on its R/B (DUDTHPATIL PART- V)'.¶25
Prior proceeding
Bill of Rs. 84,64,117/- raised on 03.02.2021 in respect of the first Scheme.¶25
Prior proceeding
1st Running Account Bill of Rs. 1,99,88,275.31/ raised on 23.12.2021 in respect of the second Scheme.¶25
Prior proceeding
100% of the work under the second Scheme completed by the petitioner on 07.02.2022.¶25
Prior proceeding
2nd Running Account Bill of Rs. 24,31,466.44 raised on 28.02.2022 in respect of the second Scheme.¶25
Prior proceeding
Part payment of Rs. 84,36,145/- made to the petitioner on 25.03.2022 towards one of the bills.¶25
Prior proceeding
Outstanding bill amount of Rs. 1,44,11,300/- remained unpaid to the petitioner for more than 2 years.¶25
Prior proceeding
On 18.10.2024 the petitioner made a representation before respondent No. 6 seeking issuance of a Liability Certificate against both the Schemes.¶26
Prior proceeding
Liability Certificate issued on 22.10.2024 by respondent No. 6 admitting a total liability of Rs. 1,44,11,300/- under both the Schemes.¶27
Prior proceeding
Counsel for respondent Nos. 1, 3 to 7 submitted during the hearing that the petitioner's claim is not denied by the respondents.¶28
Prior proceeding
Respondents' counsel stated that payments can be made as and when funds are made available to the respondents.¶30
Prior proceeding
The same concession had been made on 29.05.2025 with an undertaking to file an affidavit within two weeks; the affidavit was not filed till the date of this order.¶31

Hifzur Rahman Mazar Bhuiya v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Hifzur Rahman Mazar Bhuiya v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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