Writ petitions for private contractual disputes are not maintainable under Article 226 of the Constitution, as they do not involve public law elements.

JUDGMENT :

Heard Mr. A. C. Borbora, the learned senior counsel assisted by Mr. B. P. Borah, the learned counsel for the petitioners in WP(C) No.4834/2020 and WP(C) No.3891/2020 and Mr. N. K. Kalita, the learned counsel appearing on behalf of the petitioner in WP(C) No.5220/2021. Also heard Mr. D. Das, the learned senior counsel assisted by Mr. B. Gogoi, the learned counsel appearing on behalf of the Assam Cricket Association (ACA) and Mr. S. Khound, the learned counsel appearing on behalf of the Board of Control for Cricket in India (‘BCCI’)

2. Briefly stated, all the three writ petitions are filed claiming a writ in the nature of mandamus directing the concerned respondents to pay their contractual dues. For the purpose of deciding the dispute, this Court would like to state briefly the facts involved in each of the writ petition.

WP(C) No.3891/2020

3. This writ petition was filed by the petitioner which is a proprietorship firm claiming an amount of Rs.3,67,15,187.30p along with interest for the works done in the interior section of Barsapara Cricket Stadium pursuant to work orders issued by the ACA. It is the case of the petitioner that three work orders were issued by the Secretary of the ACA on 28.11.2013, 17.01.2014 and 04.09.2017 respectively. The said work orders have been enclosed as Annexure Nos. A, B and C to the writ petition. From a perusal of the writ petition, it reveals that the ACA had awarded a contract work for construction of the North and South Stand of Barsapara Stadium-Interior Work of a value of Rs.6,37,38,782/-. In terms with Annexure-B, the Secretary of the ACA informed the petitioner that the petitioner was awarded the work for construction of the North Stand and South Stand finishing work for President Lounge, Commentator Room/Lounge, Police Control Room, TV Control Room, Media work Station etc. at Barsapara Stadium of the ACA for an amount of Rs.5,77,21,945/-. In terms with Annexure-C, the Secretary of the ACA had issued another work order for construction of the Anti-doping Room, Umpire Entry to Ground Corridor, RC Box, ACA Box, Acoustical Room at Broadcast Rook, fittings with toughened class, frosted films and carpet for T20 Cricket Match between India vs. Australia on 10th of October, 2017 at ACA Stadium, Barsapara of an approximate value of Rs.75,52,500/-. It has been claimed by the petitioner that the petitioner duly completed the various works and out of the total amount due of Rs.12,34,65,187/- against the three work orders, an amount of Rs.8,67,50,000/- was paid and an amount of Rs.3,67,15,187.30p remain pending. It was also stated that the petitioner is entitled for refund of the security deposit to the tune of Rs.17,50,809/-against the three work orders. It is the case of the petitioner that various representations were submitted and the last one being on 29.08.2020, buts no payments were made for which the instant writ petition was filed on 03.09.2020.

4. This Court vide an order dated 06.10.2020 issued notice. The record reveals that an affidavit was filed by the respondent Nos.2 & 3 stating inter-alia that only copies of the work orders were found and there were no relevant documents relating to calling of tenders as well as documents justifying the work done or completed were found. It was also stated that there was no sufficient documents or materials available to justify the purported work claimed to have been executed by the petitioner. Further to that it was mentioned that an FIR was lodged by the ACA alleging misappropriation of funds during the period from 2016 to 2018 which was registered and numbered as Fatasi Ambari PS Case No. 817/2021, under Sections 120B/406/409/420/469/34 of the IPC. Further to that, the documents of the ACA were seized by the Assam Police on 26.07.2015 in connection with PIL No.47/2015, and accordingly, as per the Seizure Memo received from the Assam Police, the File bearing Sl. No.234 in the name of “Banka Constructions, interim work of North Stand of 2013”