Petitioner sought withdrawal of writ petition challenging contract allotment to respondent contractor upon project completion, with liberty to claim damages elsewhere.
Petition closed on withdrawal with liberty to approach appropriate forum for damages and compensation, if so advised.
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GAHC010017222016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3344/2016
MUSLIM ALI
S/O LT., MAKBUL ALI R/O SUNDARBORI, P.S. JALUKBARI GUWAHATI -14, DIST. KAMRUP METRO, ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS DEPARTMENT ROADS, DISPUR, GUWHATI-6.
2:COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPARTMENT ROADS DISPUR GUWAHATI - 6.
3:THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT ROADS ASSAM CHANDMARI GUWAHATI -3 DIST. KAMRUP METRO ASSAM.
4:SUPERINTENDING ENGINEER
PUBLIC WORKS DEPARTMENT ROADS WEST ASSAM CIRCLE WAC GOALPARA ASSAM.
5:THE EXECUTIVE ENGINEER
GOALPARA RURAL ROADS DIVISION
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GOALPARA ASSAM.
6:SRI NIWAS SINGH CONTRACTOR R/O VILL- AGIA P.O. GOALPARA DIST. GOALPARA A ASSAM PIN -783120
Advocate for the Petitioner : MR.D DAS, MR.P SARMAH
Advocate for the Respondent : SC, PWD ROADS, MR.H BURAGOHAIN
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
12.09.2024
Heard Mr. P. Sarmah, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned Standing Counsel for the PWD Roads appearing for the respondents.
The learned counsel for the petitioner submits that in this writ petition, the contract allotted in favour of the private respondent was challenged, no interim order was granted and in the meantime, project has been completed, therefore, the petitioner may be allowed to withdraw this petition with a liberty to approach appropriate forum to seek damages and compensation, if so advised.
Prayer is allowed.
Accordingly, this writ petition stands closed on withdrawal with a liberty as prayed for.
JUDGE
Comparing Assistant
Muslim Ali
The State of Assam
Commissioner and Special Secretary to the Govt. of Assam, Public Works Department Roads, Dispur, Guwahati
The Chief Engineer, Public Works Department Roads Assam Chandmari, Guwahati
Superintending Engineer, Public Works Department Roads West Assam Circle, WAC Goalpara, Assam
The Executive Engineer, Goalpara Rural Roads Division, Goalpara, Assam
Arun Dev Choudhury
As recorded by the court registry
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