Page No.# 1/3 GAHC010120582025 2025:GAU-AS:7244 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3107/2025 ECI SANJOSE NAYAK JV REGISTERED OFFICE AT PLOT NO A12 13 PANCHAVATI TOWNSHIP MANIKONDA RAJENDRANAGAR MANDAL RR DISTRICT HYDERABAD ANDHRA PRADESH VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY RAILWAY BOARD GOVT OF INDIA RAIL BHAWAN RAFI MARG NEW DELHI 2:NORTH EAST FRONTIER RAILWAY REPRESENTED BY ITS GENERAL MANAGER MALIGAON GUWAHATI ASSAM 3:THE GENERAL MANAGER CONSTRUCTION NORTH EAST FRONTIER RAILWAY MALIGAON GUWAHATI ASSAM 4:THE CHIEF ENGINEER CONSTRUCTION NORTH EAST FRONTIER RAILWAY GUWAHATI ASSAM 5:THE DEPUTY CHIEF ENGINEER CONSTRUCTION NORTH EAST FRONTIER RAILWAY IMPHA Advocate for the Petitioner : MR G KHANDELIA, MR. K DEKA Advocate for the Respondent : DY.S.G.I., Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 04-06-2025 Heard Mr. G Khandelia, learned counsel for the petitioner, who submits that the impugned letters dated 22.05.2025 and 30.05.2025 issued by the General Manager (Construction), NF Railway, Maligaon, Guwahati-11 should be set aside, inasmuch as, the resumption of the construction of the Railway line pertaining to BG Tunnel No. 26 (Approx length=1295 RM) at Km 90960.00 to Km 92255.20 between Noney to Tupul would be done by the petitioner, as the Closed Traversing Survey Report has also been submitted by the petitioner. However, the problem lies with the respondents not paying the bills of the petitioner amounting to approximately Rs. 2 crores. He submits that unless there is a stay of the above impugned letters, there is a possibility of the contract being rescinded by the authorities under Clause 62 of the General Conditions of Contract. 2. Mr. H Gupta, learned counsel for all the respondents submits that pursuant to the letter dated 30.05.2025 issued by the General Manager, NF Railway, the contract work given to the petitioner pertaining to BG Tunnel No. 26 has been rescinded under Clause 62 of the General Conditions of Contract on 03.06.2025. In this respect, he has submitted the said letter dated 03.06.2025 and a copy of the same is furnished to the counsel for the petitioner. 3. In view of the letter dated 03.06.2025 rescinding the contract pertaining to construction of single line BG Tunnel No. 26 (Approx length=1295 RM) at Km 90960.00 to Km 92255.20 between Noney to Tupul in connection with Page No.# 3/3 construction of new Railway line projects from Jiribam to Tupul, the present writ petition has become infructuous. 4. Accordingly, the writ petition is dismissed as infructuous. 5. The letter dated 03.06.2025 is made a part of the record and marked as Annexure-X. JUDGE Comparing Assistant