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2023 Supreme(Gau) 1150

MANISH CHOUDHURY
Dwipen Deka, S/o Late Rajat Ch. Deka – Appellant
Versus
State of Assam represented by the Commissioner & Secretary to the Government of Assam, Irrigation Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. I. Das, Advocate.
For the Respondent: Mr. N. Upadhyay, Standing Counsel

JUDGMENT :

Heard Ms. I. Das, learned counsel for the petitioner and Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department for all the respondents.

2. By seeking to invoke the extraordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has instituted the present writ petition seeking inter alia a direction in the nature of mandamus to the respondent authorities to release an amount of Rs. 85,82,320/-with interest @ 7% forthwith on the contention that the said amount is an admitted contractual liability in respect of a contract-work executed by the petitioner for the respondent Irrigation Department, Assam.

3. The background facts leading to the institution of the present writ petition can be narrated, in brief, as follows :-

3.1. It has been stated that the petitioner who is a registered Class-I Contractor with the respondent Irrigation Department, was awarded with a contract work : ‘Approach road of Parbatia Flow Irrigation Scheme [F.I.S.] under the Accelerated Benefited Programme [A.I.B.P.] Scheme, 2009-2010, Nalbari Division, Nalbari’ [‘the Contract-Work’, for short] vide a Work Order no. DDMI/T/30/2010/Pt-II

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