ORDER :

Prasanta Kumar Deka, J.

1. Heard Mr. N. Deka, the learned counsel for the petitioner. Also heard Mr. D. Nath, the learned counsel representing the respondent Nos. 4 and 5, Mr. K.P. Pathak, the learned counsel for the respondent Nos. 2, 3, 6 and 7.

2. The petitioner participated in the Notice Inviting Expression of Interest dated 30.12.2017 issued by the respondent No. 3. The petitioner is the registered contractor under the Assam Agricultural University/Animal Husbandry and Veterinary Department, Assam and Dairy Development, Assam. The respondent No. 3 vide letter dated 3.4.2018 allotted the work "Construction of Bull Shed No. 2 at F.S.B.S. Barapetta in Barpeta District, (Civil, Water supply Sanitary and Electrical works)" to the petitioner. The completion time for the said work was three months from the date of signing the tender agreement The work is under the respondent No. 4, Assam Livestock Development Agency (ALDA) and respondent No. 3., the Director, Physical Plant, Assam Agricultural University, camp-Khanapara is the executing agency of the said work. The completion period though was for three months however, the work could not be completed by the petitioner for which, he sought for extension of time to the respondent No. 3 time to time. The petitioner was surprised to find that the respondent 5., the Chief Executive Officer, Assam Livestock Development Agency had issued an NIT dated 11.09.2020 for completion of unfinished works in Bull Shed No. 2 at FSBS Barapetta in Barpeta District under NPCBB and the work value stipulated therein amounted Rs. 78,00,000/-. Having come to know about the publication of the said NIT dated 11.09.2020, the petitioner has filed this writ petition seeking for the following reliefs:-

"In the premises aforesaid the petitioner pray that this Hon'ble Court may be pleased to call for the records of the case, issue a Rule calling upon the respondents to show cause as to why a Writ in the nature of Certiorari should not be issued and the NIT No. ALDA/PM/pt 1/2014-15/404 dated 11.09.2020 issued by the respondent No. 5 for the work of completion of unfinished Bull Shed No. 2, at FSBS Barapetta should not be set aside and quashed and as to why a Writ in the nature of Mandamus should not be issued directing the respondent authorities to recall/cancel/forbear from giving effect to the aforesaid NIT dated 11.09.2020 and as to why the petitioner should not be allowed to complete the balance work and as to why the balance amount of Rs. 39,72,188/- of the R/A Bill dated 05.03.2019 should not be paid to the petitioner and upon hearing the parties be pleased to make the Rule absolute and/or to pass such further or other orders as Your Lordships may deem fit and proper. And

In the interim be pleased to direct the respondent authorities to stay the NIT No. ALDA/PM/Pt-I/2014-15/404 dated 11.09.2020 issued by the respondent No. 5 for the work of completion of unfinished Bull Shed No. 2, at FSBS Barapetta till disposal of the writ petition in the interest of justice".

3. Upon motion on 07.10.2020, this court was satisfied while issuing notice of motion to allow the respondent No. 5 to proceed with the impugned NIT but not to award the work to any third party without the leave of this court.

4. In the writ petition it is alleged that during the continuation of the work, the petitioner submitted a running Bill amounting Rs. 1,11,14,048/- which was duly certified by the respondent Nos. 6 and 7 out of which an amount of Rs. 71,41,860/- was released by the respondent Nos. 4 and 5 on 23.09.2019 and for that reason, the petitioner faced extreme financial difficulties and was unable to continue with the work as a huge sum of almost Rs. 40 lakhs was blocked. It is further stated in the writ petition that due to Covid-19 pandemic as there was scarcity of materials and workforce due to the restrictions of movement, he was unable to complete the work even in the month of September, 2020. The petitioner made an attempt to