Sashanka Shekhar Roy Vs the State of Assam and 7 Ors. — Gauhati HC (2025) — LawSathi Research

Sashanka Shekhar Roy Vs the State of Assam and 7 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to respondent Nos. 2, 4 & 6 to take on record the communication dated 10.06.2020 and other supporting documents, conduct an enquiry into the department's liability, decide the petitioner's entitlement within one month with intimation, and, if found entitled, make payment in terms of Tamsher Ali v. State of Assam, (2008) 4 GLT 1; petitioner to submit certified copy of the order and supporting documents within two weeks.

Issue for consideration

Whether the petitioner is entitled to payment of Rs. 3,77,622/- out of the total amount of bills submitted by him for works completed on the direction of the respondent authorities.

Court's answer

The case is disposed of by directing respondent Nos. 2, 4 & 6 to take on record the communication dated 10.06.2020 and such other documents as may be placed by the petitioner.

Ratio / Principle

The respondent authorities are directed to cause an enquiry into the liability of the department to pay the petitioner the sum prayed for.

Key takeaways

The petitioner shall submit the certified copy of the order with supporting documents regarding his claim before respondent No. 4, with copy to respondents No. 2 & 6, within two weeks from the date of the order.ratio¶30
The decision regarding the entitlement of the petitioner shall be taken within one month thereafter, with intimation to the petitioner.ratio¶31
If the petitioner is found entitled, payment shall be made in terms of the law laid down in Tamsher Ali (supra).

Detailed headnote1 paragraphs

Gauhati High Court, WP(C)/6893/2022 (order dated 05-12-2025, Rajesh Mazumdar, J.). Petitioner Sashanka Shekhar Roy claimed payment of Rs. 3,77,622/- out of total bills for works completed at the direction of the Water Resources Department, relying on a communication dated 10.06.2020 of the Executive Engineer, Silchar Water Resources Division showing entitlement as an admitted position. Since the respondents filed no affidavit-in-opposition from 2022 onwards despite opportunity, the Court disposed of the petition by directing respondent Nos. 2, 4 & 6 to take the communication and supporting documents on record and enquire into the department's liability; the petitioner to submit the certified copy of the order and supporting documents before respondent No. 4 (copy to Nos. 2 & 6) within two weeks; entitlement to be decided within one month thereafter with intimation to the petitioner; and, if found entitled, payment to be made in terms of the law laid down in Tamsher Ali v. State of Assam, (2008) 4 GLT 1.

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GAHC010215022022

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

Case No. : WP(C)/6893/2022

SASHANKA SHEKHAR ROY

S/O. LT. DURGA SANKAR ROY, VILL. MAIN ROAD, NEAR D.C. BUNGLOW, P.O., P.S. AND DIST. KARIMGANJ.

VERSUS

THE STATE OF ASSAM AND 7 ORS TO BE REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCES DEPTT., DISPUR-06, ASSAM.

2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM WATER RESOURCES DEPTT. DISPUR GUWAHATI-06.

3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06.

4:THE CHIEF ENGINEER

WATER RESOURCES DEPTT. CHANDMARI GUWAHATI-781003 ASSAM.

5:THE ADDL. CHIEF ENGINEER CACHAR AND HILLS WATER RESOURCES SILCHAR DIST. CACHAR.

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6:THE SUPERINTENDING ENGINEER

HAILAKANDI W.R. CIRCLE HAILAKANDI.

7:THE EXECUTIVE ENGINEER

CACHAR W.R. DEPTT. SILCHAR DIVN. DIST. CACHAR. 8:THE ASSTT. EXECUTIVE ENGINEER W.R. SUB DIVN. SILCHAR CACHAR

Advocate for the Petitioner : MR H R A CHOUDHURY, MR. R A CHOUDHURY,MR J M SULAIMAN

Advocate for the Respondent : GA, ASSAM, SC, FINANCE

BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

Date : 05-12-2025

Heard Mr. RA Choudhury, learned counsel for the petitioner.

The learned counsel for the petitioner has drawn the attention of this Court to the communication dated 10.06.2020 issued by the Executive Engineer, Silchar Water Resources Division Silchar to impress that it is an admitted position that the petitioner is entitled to a sum of Rs. 3,77,622/- out of the total amount of bills submitted by him or works completed on the direction of the respondent authorities.

We have also heard Mr. K. Gogoi, learned Addl. Sr. Government Advocate

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for the State respondents and Mr. B. Gogoi, learned Standing counsel for the Finance department.

Since no affidavit-in-opposition has been filed from the year 2022 onwards despite opportunity being granted to the respondents, this case is disposed of by directing the respondent No. 2, 4 & 6 to take on record the communication dated 10.06.2020 and such other documents as may be placed by the petitioner before the said authority to cause an enquiry into the liability of the department to pay the petitioner the sum prayed for. In case, the petitioner is found entitled to the said amount, the respondents shall follow the law laid down in Tamsher Ali -versus- The State of Assam, reported in (2008) 4 GLT 1. The petitioner shall submit the certified copy of this order along with the supporting documents in regard to his claim before the respondent No.4 with the copy to the respondent No. 2 & 6 within a period of 2(two) weeks from today.

The decision regarding the entitlement of the petitioner shall be taken within a period of 1(one) months thereafter with intimation to the petitioner. The payment to the petitioner shall be made in terms of the law laid down in the case of Tamsher Ali (supra).

JUDGE

Comparing Assistant