P. Mandal, J. - (1.) The writ petitioner has filed this petition praying for the following reliefs: - (A). A Writ or Writs in the nature of certiorari quashing the order dated 16.02.2011 passed by the Executive Engineer(Planning), Nicobar District, APWD, Car Nicobar. (B) A Writ or Writs in the nature of mandamus directing the respondent authorities to recognize trenching and refilling of the earth to be extra works and further directing the respondent authorities not to deduct the amount of Rs.13,17,168/ - which has been paid to the petitioner from the final bill. (C) A writ or Writs in the nature of mandamus directing the respondent authorities to pay Rs. 5.76,192/ - to the petitioner with bank interest as the petitioner has performed additional works of trenching and earth filling as proposed by the Executive Engineer(Construction Division), APWD, Campbell Bay in its letter dated 20.07.2010. (D) A Writ or Writs in the nature of mandamus directing the respondents to act in accordance with law. (E) A Writ or Writs in nature of certiorari directing the respondents to certify and produce all the relevant records pertaining to the case before this Hon'ble Court at the time of hearing. (F) Cost of the incidental thereto of this application be borne by the respondents. (G) Any other relief/order/orders, direction/directions which may be deemed fit and proper by this Hon'ble Court.
(2.) The short question involved in the matter is whether this Hon'ble Court should direct the respondent authorities to make payment to the petitioner for doing extra works relating to excavation and filling up soil after laying of pipe pursuant to an agreement dated August 20, 2009 between the petitioner and the Andaman Public Works Department for carrying out the work of improvement of Magar Nallah Water Supply System in GNI and other works.
(3.) Upon hearing the learned advocate for the petitioner and on going through the materials on record, I find that the petitioner was asked to carry out the works of excavation of trenches and refilling of soil after laying of pipes on the assurance that the payment as proposed would be released to the petitioner at the time of final payment.;