JUDGMENT :

Heard Mr. F.Z. Mazumder, learned counsel for the petitioners; Mr. N.K. Debnath, learned Standing Counsel, Panchayat and Rural Development Department for the respondent nos. 1, 2 & 5; and Mr. C.K.S. Baruah, learned Junior Government Advocate, Assam for the respondent no. 3.

2. Having heard the learned counsel for the parties, more particularly, the learned counsel for the petitioner and having gone through the statements and averments made in the writ petition, this Court is of the view that the instant writ petition instituted by the two petitioners amounts to abuse of the process of the Court.

3. The two petitioners had earlier instituted a writ petition, W.P.[C] no.2285/2018 seeking inter alia a direction to the respondent authorities to release forthwith an amount of Rs.95,31,386/-against materials the petitioners claimed to have supplied to the respondent authorities in connection with the MGNREGA Scheme and also for a direction to initiate an investigation through the Central Bureau of Investigation [CBI] with regard to the payments made in connection with false bills submitted by unknown persons/proprietors for supply of materials under the MGNREGA Scheme in Borkhola Development Block, Cachar and for misuse of public money thereby.

4. After hearing the learned counsel for the parties and having gone through the materials on record brought by the parties through their pleadings on 09.06.2022, this Court did not entertain the writ petition.

5. To have a clear view of the subject-matter raised in this instant writ petition, it appears necessary to reproduce the contents of the entire order dated 09.06.2022 passed in the writ petition, W.P.[C] no. 2285/2018 :-

“Heard Mr. F.Z. Mazumder, learned counsel for the petitioners; Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development [P&RD] Department for the respondent nos. 1, 4 & 5; and Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent no. 2.

2. The 2 [two] petitioners have joined together to institute this writ petition seeking inter alia a direction to the respondent authorities to release forthwith an amount of Rs.95,31,386/-against the materials the petitioners claimed to have supplied to the respondent authorities in connection with the MGNREGA Scheme and also for a direction to initiate an investigation through the Central Bureau of Investigation [CBI] with regard to the payment made in connection with false bills submitted by unknown persons/proprietors for supply of materials under the MGNREGA Scheme in Borkhola Development Block, Cachar and for misuse of public money thereby.

3. The petitioner no. 1 is the proprietor of M/s Maa Kali Hardware & Suppliers whereas the petitioner no. 2 is the proprietor of M/s Laskar Hardware & Suppliers. It is the claim of the petitioners that they had supplied materials for various constructions undertaken in Borkhola Development Block, District – Cachar under the MGNREGA Scheme. According to the petitioners, after supply of materials, they had submitted the final bills against those supplied materials through bills viz. ;