WP(C) 5737/2011 BEFORE THE HON’BLE MR JUSTICE. B.D. AGARWAL Heard Mr. SS Dey, learned counsel for the petitioners. In view of the limited prayer of the writ petitioner, it is bein g disposed of without formal notice upon the respondents. The petitioner’s case is that they were allotted order for const ruction of border fencing by the respondents against PKG No. TR-21. However, the petitioner could not execute the work successfully due to insurgency and other problems. Thereafter, the petitioner surrendered the work to the respondents whe reupon, the respondents have issued a fresh tender notice on 21.10.2011. Mr. Dey submitted that fresh NIT has been issued without cancell ing the work order of the writ petitioner. According to the learned counsel, sin ce the writ petitioner had executed some portion of the work, they are entitled to payment for the said work. However, in view of the new process of tender ther e is every possibility that new contractor will take over the site and it will c omplicate the process of final measurement and final bill. Hence, the petitioner has prayed for a direction to the respondents to take final measurement of the work already done by the petitioners. I am of the opinion that if the aforesaid direction is given to the respondents, neither party is likely to suffer any prejudice. I am also of the view that in the interest of justice the respondents shall take final measur ement of the works allegedly done by the petitioners before issuing the work ord er to any contractor. Accordingly, the respondents are directed to take final measurem ent of the work done by the petitioners jointly before issuing any fresh orders. With the aforesaid directions, the writ petition stands disposed of. Since the writ petition is disposed of ex-parte, liberty is give n to the respondents to approach this court for modification of this order, if s o advised.