2021-22 including all deviation work in terms of the agreement under Annexure-1. Even though the work order was issued, the petitioner did not start the work for a period of nine months. Thereby, the opposite parties took steps for withdrawal of the work and in the meantime due to necessity Government enhanced the number of seats from 150 to 200 and, as such, the work has been allotted in somebody’s favour which has been indicated in the writ petition itself. So far as withdrawal of agreement is concerned, the same has been done by terminating the contract in terms of clauses-2(a) and 2(b)(i) of the agreement itself. Learned counsel for the petitioner contended that so far as compensation under clause-2(a) is concerned, the petitioner may not have any objection. But so far as imposition of penalty under clause-2(b)(i) is concerned, the petitioner objected to the same, as because the petitioner is not liable for such penalty, on which this Court has not expressed any opinion at this stage. If the agreement permits to impose penalty, the same is to be demanded by the authority and, as such, the petitioner has not annexed any document indicating that demand has been raised by the authority by imposing penalty. In absence of any such material before this Court, the writ petition is premature and is accordingly disposed of.
