JUDGMENT :

Krishna Rao, J.

1. The Diga Shankarpur Development Authority published a tender notice dt. 21.03.2007 for Construction of Bituminus road with culvert from Orissa Border to Permanent Picnic Spot at New Digha, Purba Medinipur. Pursuant to the tender notice, the respondent had participated in the said tender process and the petitioner accepted the rated quoted by the respondent. On acceptance of the rate quoted by the respondent, an agreement was entered between the petitioner and the respondent with respect of execution of the work on 2nd March, 2007. The estimated cost of the said work was Rs. 64,54,792.00/-but the respondent was agreed to execute the work for an amount of Rs. 47,75,255/-which was 26.02% less than the estimated amount. As per the contract the respondent had to completed the work in all respect by 25th July, 2007.

2. The respondent had started the work for execution but in between the respondent had stopped the work for long time without any reasons and accordingly the petitioner had issued notice to the respondent on 28.09.2007 directing the respondent t