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2017 (8) TMI 1602 - HC - Indian LawsRecovery of disputed amount - petitioner has failed to execute the work awarded to it within the time stipulated - whether writ petition against action of the State authorities seeking to recover disputed amount would be maintainable or not? - HELD THAT:- This question is no longer res integra and in ABL INTERNATIONAL LTD. & ANR. VERSUS EXPORT CREDIT GUARANTEE CORPORTION OF INDIA LIMITED & ORS. [2003 (12) TMI 584 - SUPREME COURT] it was held that writ petition is maintainable in case of contractor taking recourse to extraordinary remedy seeking to invoke writ jurisdiction of Court, alleging action of State authorities as arbitrary and unreasonable. Jurisdiction - whether the State authorities are justified in issuing notice for recovery of the aforesaid subject amount in dispute without having due adjudication by the competent authorities? - HELD THAT:- The State authorities cannot recover the above-stated amount from the petitioner without due and prior adjudication by the competent authority, the impugned notices are liable to be quashed. The notices issued by the Superintending Engineer and the Engineer-in-Chief dated 20-8- 2015 and 4-8-2015, respectively, are arbitrary, unreasonable and violative of Article 14 of the Constitution of India, the same are therefore, liable to be quashed - Petition disposed off.
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