JUDGMENT :

Amrita Sinha, J.

1. The writ petition arises out of a dispute which arose on account of non completion of work in terms of the work order issued in favour of the petitioner by the Alipurduar Zilla Parishad.

2. In response to a notice inviting pre qualification-cum-tender (two cover system) published by the Alipurduar Zilla Parishad, the petitioner submitted its bid in respect of the work of repair of road from Salkumarhat near Dijarajghat to Bhandani temple via Bangdaki Forest under Salkumar II GP of Alipurduar I PS within Alipurduar Zilla Parishad. Time period for completion of the work was mentioned as 120 days.

3. The terms and conditions mentioned in the subject notice laid down that the successful tenderer will have to execute an agreement on a Non Judicial Stamp paper worth Rs. 100/-. Time and cost over-run will not be permitted. In case of any work not being completed by the contractor within the stipulated time frame, necessary penal measure in the tune of deduction of an amount as decided by the Artha-Sanstha-Unnayan-O-Parikalpana Sthayee Samity of Alipurduar Zilla Parishad will be imposed. Running payment of work will be made to the agency as per availability of fu