- (1.) THE respondent No. 1 herein is an association of contractors and suppliers of the Public Works Department, Government of Nagaland. The respondent, as writ petitioner, filed a writ petition, which gave rise to WP (C) No. 37 (K)/2007, its case being, in brief, thus: The petitioner is a guild of contractors and suppliers based at Dimapur and carries construction work and supplies to the establishment of Executive Engineer, PWD (Housing Division), Nagaland. As many as 329 members of the petitioner Association carried out the contract works and made supplies to the said establishment. In course of time, as much as 91,14,847/- fell due for payment to the said 329 members of the petitioner Association. Despite repeated demands raised by the petitioner Association, no payment has been made by the department concerned. As members of the petitioner Association had borrowed money, on interest, from various sources, non-payment of bills have been causing great hardship to the members of the petitioner Association. Though some amount of pending bills was cleared in the year 2002, no payment has been made to the members of the petitioner Association since the year 2002. The petitioner Association accordingly sought for issuance of a writ directing the respondents to make payment of their dues with interest.
(2.) THE present appellant, as respondent, resisted the writ petition contending, inter alia, thus: The correctness and authenticity of the bills, submitted by the members of the petitioner Association, is under scrutiny of the Government. In fact, the Government has constituted a State Level Verification Committee to verify the claims and, hence, when the liability has not been admitted by the Government, no writ or direction ought to be issued without ascertaining the veracity of the claims made by the petitioner Association. Having recorded the respective cases of the parties, a learned single Judge disposed of the writ petition by order, dated 14. 03. 2005, wherein it was observed and directed as follows:- ". . . . . . . . . . . . . . . . . . . . . . In my view, it would meet the ends of justice, if this petition is disposed of with a direction to the Principal Secretary the Government of Nagaland, Works and Housing, to cause immediate steps to be taken for verifying the claim of the petitioner union and for placing the same before the State Level Verification Committee for an appropriate decision. Ordered accordingly. It is made clear that in case the State Level Verification Committee on examining the petitioner union's claim, finds the same to be genuine and tenable in law, the State respondents would take immediate steps for releasing the amount found outstanding in favour of the petitioner union or its members, as the case may be, as expeditiously as possible and in no case later than three months from the date of completion of the process indicated hereinabove. "
(3.) IT is the order, dated 14. 03. 2005, aforementioned, which stands challenged by the present appellant in this appeal.;