DIPAYAN PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) As common questions of fact and law arise for decision in this bunch of 5 (five) writ petitions, with the consent of both sides the matter has been heard analogously.

(2.) Heard Mr. B.D. Das, learned senior counsel assisted by Mr. H.K. Sarma and Ms. R. Deka, learned counsel for the petitioners in WP(C) 3137/2018, WP(C) 3759/2018, and WP(C) 8179/2018. Also heard Dr. A. Saraf, the learned senior counsel assisted by Mr. P. Boruah, learned counsel for the petitioner in WP(C) 5688/2018. Also heard Mr. D. Mozumder, learned Additional Advocate General for the State of Assam, assisted by Mr. S. Biswas, learned State counsel.

(3.) The issue arising for decision in the present case is - Whether the Public Works Department, Assam is entitled to deduct the component of "forest royalty" payable to the State Forest Department on account of removal or consumption or utilizing "earth" for the allotted contract works at the time of releasing the payment of outstanding bills of such contractors engaged by the Department?