BAPOJITH LANGTHASA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The legality and validity of a letter dtd. 15/9/2020 by which the contract of the petitioner has been terminated is the subject matter of this writ petition. However, before going to the issue to be decided, it would be convenient if the facts of the case are recorded in brief.

(2.) A Notice Inviting Tender was published on 22/11/2016, for Construction of S. R. Thaosen Media Centre at Haflong in the district of the Dima Hasao. It is the case of the petitioner that upon participation in the said tender process, the petitioner was duly selected and accordingly, a Letter of Acceptance dtd. 6/2/2017 was issued to him. According to the petitioner, after completion of the necessary formalities, he had started the execution of the work and had constructed 150 numbers of piles and 2 slabs including substantial brick works. As per the petitioner, he has completed about 45% of the work.

(3.) It is, however, the case of the petitioner that during the execution of the work, there were several hindrances, including non availability of Supervising Officer, non-payment of running account bills and various other circumstances as a result of which, the petitioner could not proceed with the work in a smooth manner. The petitioner specifically contends that the Department was fully aware of the difficulties.