clause-31 of the said agreement withheld an amount about Rs.28,36,420/- from the petitioner’s bill amount and security amount. Being aggrieved by the same, the petitioner along with other contractors challenged the aforesaid memorandum in W.P.(C) No.12423 of 2016, which was quashed by this Court and held that any deduction made from the bills of the contractors or any payments made to the contractors in pursuance of the aforesaid memorandum shall be refunded/adjusted by the parties vide order dated 25.04.2018. Against the said order, the Department filed a review petition i.e. RVWPET No.260 of 2018, which was dismissed on 16.08.2019. It is submitted that even though aforesaid recommendations under Annexures-5 and 6 were made, the opposite parties are not releasing the withheld amount towards final bill and security deposit in favour of the petitioner. Learned counsel for the petitioner has referred to the case of one Rekha Singhal where payment was released by the Executive Engineer, Rural Works Division, Patnagarh and submits that the case of the petitioner is exactly identical to that of Rekha Singhal. It is submitted that the petitioner has made a representation on 28.02.2020 (Annexure-7) to the Secretary, Works Department, Govt. of Odisha (opposite party no.1) and the Chief Engineer, (DPI & Roads), Odisha (opposite party no.3), which according to him is pending consideration. Accordingly, a prayer is made to direct the opposite party no.1 to consider and dispose of the representation of the petitioner under Annexure-7 within a stipulated period and refund the amount withheld in his favour.
