(1.) Heard Mr. R. Iralu, learned counsel appearing for the petitioners as well as Ms. Y. Longkumar, learned Government Advocate appearing on behalf of the respondent Nos. 1 to 4. Also heard Ms. V. Suokhrie, learned counsel appearing for the respondent No. 5.
(2.) By this writ petition, the petitioner has challenged the work order dated 28.7.2009 under No. CE(II)/TB/UPGRN-GHS/PHEK/2009 issued by the Chief Engineer, PWD (Housing) for construction of Government High School, (GHS), Phek (Upgradation of Phek GHS), in favour of the 5th respondent, M/s. Neikho-O Mere & Co., and the terms and conditions therein stipulated that the work was to be completed within a period of 24 months from the date of issue of the work order. At the time of issuing notice, this Court passed an interim order on 13.9.2009 for maintaining status quo and also for restraining execution of the work by the respondent No. 5. In view of the order passed by this Court, it is informed that work order dated 28.7.2009 (Annexure-E) has not yet been executed. Two separate affidavits-in-opposition have been filed, disputing and controverting the contentions of the Petitioner, one by the Government respondent Nos. 1 to 4 and another by the respondent No. 5. Misc. Case Nos. 138 and 139 of 2009 have been filed by respondent No. 4 and the Government respondents respectively, for vacating the interim order dated 13.8.2009. Re-joinder affidavit to the affidavit-in-opposition of the respondents, has also been filed by the petitioner. Exchange of affidavits have been completed between the parties and the case is ready for hearing. In view of the urgency involved in the case and also as agreed upon by the learned counsel appearing for the parties, instead of considering the Misc. applications for vacation of interim order, this matter is taken up for final disposal and the parties are heard on 23.11.2009 and 25.11.2009.
(3.) For better appreciation of the issues raised in the case by the contesting parties, the following brief facts may be noticed.