JUDGMENT :

(Ujjal Bhuyan, J.)

1. This order will dispose of both writ appeal Nos.96 and 148 of 2013.

2. Writ appeal No.96 of 2013 arises out of W.P.No.33182 of 2010 whereas writ appeal No.148 of 2013 arises out of W.P.No.28639 of 2010. Both the writ petitions were filed by the respondents herein. Appellants are the State and its officials who were respondents in the writ petitions.

3. We have heard Mr. Parsa Ananth Nageswara Rao, learned Government Pleader for Revenue (Assignment) for the appellants and Mr. Deepak Bhattacharjee, learned Senior Counsel for the respondents.

4. Both the appeals have been preferred by the appellants assailing the legality and validity of the order dated 05.03.2012 passed by the learned Single Judge allowing the related two writ petitions filed by the respondents.

5. Relevant facts may be briefly noted. First respondent is a construction company incorporated under the Companies Act, 1956. It entered into a Development Agreement cum General Power of Attorney on 30.07.2007 with the second respondent, a partnership firm and two other firms i.e., respondent Nos.3 and 4. The Development Agreement cum General Power of Attorney (referred to hereinafter as ‘the