WP(C) 2628/2006 BEFORE HON’BLE MR. JUSTICE T.N.K. SINGH Heard Ms. R. Borborah, learned counsel for the petitioner as well as Ms. R. Chokraborty, learned State counsel for the respondents. By means of this writ petition, the petitioner who has executed certain works under the respondents, has prayed for direction to the respondents to pay the outstanding dues in respect of the works executed by him. The petitioner had earlier approached this Court by filing a writ petition being W.P.(C) No. 2025/ 03 claiming the same relief. The writ petition was disposed of by order dated 03 .06.03 directing the Govt. of Assam in the Panchayat and Rural Development Depar tment to give necessary approval towards payment of outstanding and admissible d ues to the petitioner. After the aforesaid order was passed, the approval for clearance of outs tanding and admitted dues payable to the petitioner was placed before the Commis sioner and Secretary to the Govt. of Assam in the Panchayat and Rural Developmen t Department. The said Commissioner and Secretary passed Annexure-F impugned ord er dated 15.02.06 refusing to accord approval towards payment of the dues to the petitioner. The grounds assigned for such refusal is that the petitioner execut ed the works without any work order issued by the competent authority. The respondents shall file their counter affidavit which reveals that ou t of the total amount of 12 lakhs and odd, the petitioner has already been paid Rs. 7,04,903/- and the balance amount payable to the petitioner is Rs. 5,00,146. 00. From the stand of the respondents in their counter affidavit, there is no de nial that the petitioner had executed the works. The reason assigned in the impu gned order cannot be accepted for the simple reasons that the petitioner execute d the works under the very nose of the respondents and there was no action on t heir part to stop the works. If there was any irregularity towards issuance of work etc., same cannot stand on the way towards payment of the dues to the petit ioner inasmuch as the respondents voluntarily extracted the works from the petit ioner. In the affidavit in opposition the ground for non-payment of the balance amount to the petitioner is that presently the department is facing financial h ardship. No other ground has been assigned towards non-payment of dues to the pe titioner which according to the affidavit is Rs. 5,00,146.00 In view of the above, this writ petition is disposed of with a direction to the respondents to clear the outstanding and admissible amount payable to th e petitioner as expeditiously as possible preferably within four months.