MUSLIM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Das, learned Senior Counsel assisted by Mr. P. Sarma, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel, PWD for all the respondents.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing the illegal arbitrary and malafide actions of the respondent authorities in not releasing security deposit amount to the petitioner in respect of road construction works under Package No. AS-20-29 (ADB) and Pakage No. AS-20-33 (ADB) for Nalbari District, Assam.

(3.) The brief facts of the case is that the petitioner is a Class 1 (A) Contractor under the Public Works Department, Assam. The respondent No. 3 had allotted two road construction works to the petitioner from HMD road to Bartal No. 3, Bamunbari to Mulaghat, Barnibari to Paikanbarmaja, Mugdi to Khudra Sinadi including Cross Drainage works and Routine Maintenance of the works for five years under PMGSY (RRS-II, ADB, Batch-II) PMGSY (Ph - VI), Package No. AS-20-29, ADB (hereinafter referred to as "Package No. (i) " ) vide final work order (notice to proceed with the work) No. T/BR/PMGSY/ ADB/419/2006-07/3 dtd. 29/6/2007 and Charia to Goalpara, Bagals Road at Sivathan via Mohkhuli to Bagurihati, Bagals road to Sursuri village including Cross Drainage works and Routine Maintenance of the works for five years under PMGSY (RRS-II, ADB, BatchII) PMGSY (Ph - VI), Package No. AS-20-33, ADB (hereinafter referred to as "Package No. (ii) " ) vide final work order (notice to proceed with the work) No. T/BR/PMGSY/ADB/470/2006-07/3 dtd. 13/7/2007 . Accordingly, the petitioner proceeded with the said two works and completed the same.