RAMESWAR SARKAR Vs. STATE

JUDGEMENT

(1.) This application under S.115 of the Code of Civil Procedure filed at the instance of the plaintiff is directed against the order No. 18 dated March 25, 1985 of the Assistant District Judge, 1st Court, Krishnagar, Nadia, whereby the learned Assistant District Judge dismissed the application of the petitioner under S.151 of the Code of Civil Procedure praying for withdrawal of the application for withdrawal of the suit.

(2.) The case of the petitioner is that pursuant to invitation of tenders issued by the State Government for the completion of unfinished work in the Sugar-cane Research Station Building at Bamandanga, P. S. Nakashipara and the Sub-Divisional Health Centre at Fakirdanga, under P. S. Nabadwip, both in the district of Nadia, the petitioner submitted his tender which was accepted by the authority concerned who issued the necessary work order for the said job. The petitioner took up the said job and completed the same within the stipulated time. The tender that was invited by the State Government did not contain anything regarding any construction on the ground floor of the said Research Station Building at Bamandanga.

(3.) It is the case of the petitioner that during the progress of the above construction work, the State Government further directed the petitioner to undertake completion of the ground floor of the said building at Bamandanga, although the said work was not included in the above tender. Because of his cordial relation with the concerned department, the petitioner agreed to carry out the said job and duly completed the same within the stipulated time as mentioned in the letter dated January 7, 1976 of the Executive Engineer, Krishnagar. The petitioner had to incur a cost of Rs. 4,51,000/- for the execution of the non-tender item of work. It is alleged that despite repeated requests, the State Government did not pay to the petitioner any part of the said amount.