Shanti Borah and 2 Ors v. The State of Assam and 6 Ors

ORDER Date : 13.12.2024

Heard Mr. M. K. Choudhury, learned Senior counsel for the petitioners, who submits that the petitioners had been given a work order by the Water Resource Department, which has been duly completed by the petitioners. However, as the contractual dues of the petitioners had not been paid, the petitioners filed WP(C) 4329/2019, which was disposed of, vide order dated

27.09.2022, with a direction to the respondents to make a verification and complete the process for payment of the admitted amount. Page No.# 3/3

¶2Subsequent to the above order passed in WP(C) 4329/2019, the petitioner filed Cont.Cas(C) 45/2024, due to non-compliance of the direction passed in WP(C) 4329/2019. The contempt petition was however withdrawn with liberty to file afresh, vide order dated 22.01.2024.

¶3The petitioners' counsel submits that though part-payment had been made, the petitioners are still to receive an amount of Rs.40,50,921/-.

¶4Ms. D. Jain, learned counsel for the Water Resources Department submits that the fund for the scheme in which the petitioners had worked, is funded by the Central Government and the State Government, on a ratio of 80:20%. She submits that the Brahmaputra Board also has a major role to play, as it verifies the work done by the petitioners and is a conduit between the Water Resources Department and the Ministry of Jal Shakti. She accordingly submits that Ministry of Jal Shakti and the Brahmaputra Board have to be made parties to the writ petition.

¶5Mr. M. K. Choudhury, learned Senior counsel for the petitioners submits that in view of the submission made by Ms. D. Jain, learned counsel for the Water Resources Department, he would like to withdraw the writ petition, with liberty to file afresh.

¶6The prayer of the petitioner's counsel is allowed.

¶7Accordingly, this writ petition is dismissed as withdrawn, with liberty as prayed for. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010259262024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6655/2024o SHANTIoBORAHoANDo2oORS.o W/O-oLATEoRAMoBORAH,oR/O-oBOIRAGIMATH,oP.O.oBOIRAGIMATH,oDIST.o DIBRUGARH,oASSAM,oPIN-o786001. 2:oSHANTANUoBORAH oS/O-oLATEoRAMoBORAH oR/O-oBOIRAGIMATH oP.O.oBOIRAGIMATH oDIST.oDIBRUGARH oASSAMoPIN-o786001. 3:oPALLAVIoBORAHoKALITA oD/O-oLATEoRAMoBORAH oR/O-oBOIRAGIMATH oP.O.oBOIRAGIMATH oDIST.oDIBRUGARH oASSAMoPIN-o786001o VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oDISPUR,oGUWAHATI-781006. 2:THEoCHIEFoENGINEER oWATERoRESOURCEoDEPARTMENT oCHANDMARIoGUWAHATI-3oASSAM 3:THEoADDITIONALoCHIEFoENGINEER oWATERoRESOURCEoDEPARTMENT oUPPERoASSAMoZONE oPALTANBAZAR oDIBRUGARH-786001oASSAM Page No.# 2/3 4:THE SUPERINTENDENT ENGINEER WATER RESOURCE DEPARTMENT NAGHAGHULI MAIJAN PROTECTION CIRCLE PALTANBAZAR DIBRUGARH-786001 ASSAM 5:THE EXECUTIVE ENGINEER WATER RESOURCE DEPARTMENT PALTANBAZAR DIBRUGARH-786001 ASSAM 6:THE ASSISTANT EXECUTIVE ENGINEER WATER RESOURCE DEPARTMENT EAST WATER RESOURCE SUB-DIVISION PALTANBAZAR DIBRUGARH-786001 ASSAM 7:THE DEPUTY COMMISSIONER DIBRUGARH DISTRICT MANCOTTA ROAD RAILWAY COLONY DIBRUGARH-786003 ASSA Advocate for the Petitioner : MR. M K CHOUDHURY, MR P BHARDWAJ,MR. M SARMA Advocate for the Respondent : GA, ASSAM, SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA