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2023 Supreme(Gau) 1451

DEVASHIS BARUAH
Muslim Ali, S/o. Late Makbul Ali – Appellant
Versus
State of Assam, Represented by the Commissioner and Special Secretary to the Govt. of Assam, Public Works Department (Roads), Dispur, Guwahati – Respondent


Advocates Appeared:
For the Petitioner:Mr. D. Das, Sr. Advocate.
For the Respondent: Mr. D. Gogoi, SC, Forest Department, Mr. P. Nayak, SC, PWD.

JUDGMENT :

1. The instant writ petition has been filed by the Petitioner seeking a direction to refund the amount of Rs.22,50,799/- which was deducted from the bills of the Petitioner towards the Forest Royalty and Rs.2,00,000/- which is withheld from the 3rd R.A. Bill of the Petitioner thereby seeking a direction that the total entitlement of the Petitioner which is Rs.24,50,799/- should be directed to be paid to the Petitioner.

2. The facts involved in the instant case are that the Petitioner herein is a Class-I(A) Contractor under the Assam Public Works Department. The Respondent No.3 who is the Chief Engineer, Public Works Department (Border Roads) issued a notice dated 18.01.2019 thereby initiating a tender process for the work of construction of road from L 138 Paschim Chaysimana to Baladmari via Rahmania MEM including CD works and routine maintenance for 5 years package member AS-01-211. The estimated cost of the work was Rs.16,47,00,000.16/- and the completion period was 12 months. The Petitioner submitted his bid along with others and the Respondent No.3 vide its Letter of Acceptance bearing No.CE/Commn/PMGSY/02/2017-18/157 dated 08.03.2019 informed the Petitioner that his t

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