1.The present petition has been preferred for recovery of money from the respondents for the work done by the petitioner –contractor, on the basis of Annexure-5, a letter written by some Executive Engineer, Dhanbad. Thus, the present writ petition is a money suit type of petition.

2.Learned counsel for the petitioner submitted that looking to Annexure-5, the letter written by the Executive Engineer, Dhanbad, the State Government has admitted the amount, payable to the petitioner, and the said admitted amount of Rs.1,95,030/- has not yet been paid.

3.Learned counsel for the respondents submitted that a detailed counter affidavit has been filed, wherein, it has been denied by the respondents that any amount is legally payable to the petitioner, as per Annexure 5 to the writ petition. On the contrary, looking to paragraph nos. 13 and 14 of the counter affidavit, the legally payable amount has already been paid to the petitioner, as per the Measurement Book No. 1127, submitted before the answering respondent, and after proper verification and checking, an amount of Rs.12,57,970/-has been paid to the petitioner vide Voucher No. 19 dated 23rd December, 2003. Looking to paragraph