JUDGMENT :

Heard both Mr. K.N. Choudhury and Mr. B.D. Das, learned Senior counsels for the petitioners. Also heard Mr. P.N. Goswami, learned Additional Advocate General, Assam and Mr. B. Gogoi, learned standing counsel, Finance Department, Assam.

2. Common issues involving questions of law out of similar set of fact arises in the present batch of writ petitions and all the learned counsels appearing for the contesting parties have agreed that the matters need to be heard analogously. Accordingly, matters were heard analogously. Though the learned counsel for the petitioners, submitted the fact of the each cases, the argument on the question of law was led by Mr. K.N. Choudhury, learned Senior counsel and Mr. B.D. Das, learned Senior counsel.

3. The issues:

The issues involved in the present batch of writ petitions, can be summarized as follows :

i. Whether the State authority i.e. Public Works Department, Railways etc. can deduct forest royalty from the bills/ Security Deposits of the contractors in absence of any stipulation in the Contract agreement empowering the employer state to do so?

ii. Whether the decision of the Division Bench on the first issue in Musilm Ali Vs. State of Assam