JUDGMENT :

B.R. SARANGI, J.

1. The petitioner, who is a 'C' class contractor, has filed this writ application challenging illegal deduction made by the opposite parties from the bill amount raised, after final measurement of work, purportedly towards payment of royalty for earth work.

2. The factual matrix of the case, in hand, is that to protect the saline water of Bay of Bengal, Bijaypatna Dhamara Saline Embankment was constructed. To combat the increasing force of high tide in the Bay of Bengal, as well as for the communication purpose, the Government in Department of Water Resources floated tender for the work "Raising and Strengthening to Bijaypatna Dhamara Saline Embankment from RD 15.00 to 17.00 km for 2007-08". The value of the tender was Rs. 11,97,399/- and for the purpose of tender earnest money of Rs. 12,000/- was to be deposited. The date and time for sale of tender paper was from 15.11.2007 to 26.11.2007 up to 15.00 hours., and the date of receipt of tender paper was from 15.11.2007 to 26.11.2007 up to 15.00 hours. The date of opening of tender paper was 27.11.2007 at 11.00 hours and stipulated period of completion was 75 days.

3. In pursuance of the Invitation for Bids is