WP(C) 5303/2010 51913264BEFORE THE HON’BLE MR.JUSTICE B.P.KATAKEY Heard Mr R Adhikary, learned counsel for the petitioner as well as Mr SK Deori, learned counsel for the respondent Nos.1 to 6. None appeared for the other respo ndents. The petitioner, by the present petition, has prayed for setting aside the commun ications dated 1st July 2010 and 15th July 2010 issued by Executive Engineer, It akhola Division (Irrigation), and also for a direction to the respondents not to harass him in future. Learned counsel for the petitioner submits that the works allotted to hi m have been completed faithfully with satisfaction of all concerned and the amou nt due and payable to him has also been paid, but he was asked vide communicatio n dated 1st July 2010 issued by the Executive Engineer to refund an amount of Rs .10,50,000/-, without, however, stating any reason whatsoever. According to the petitioner, on receipt of the aforesaid communication, he informed the Executive Engineer by the communication dated 15th July 2010 tha t whatever amount was paid to him was only for the works executed by him and the re was nothing to be refunded. By the said communication, the Executive Engineer was also requested to provide him with a copy of para-2.3 of the special audit report, as is reflected in the communication dated 1st July 2010. According to learned counsel for the petitioner, though such audit report does n ot reflect anything to be refundable by petitioner, the Executive Engineer is ha rassing him by way of demanding the aforesaid amount. Learned counsel for the respondent Nos.1 to 6, on the other hand, submit s that the aforesaid amount was paid in excess to the petitioner and as such, th e Executive Engineer has demanded that the petitioner refunds the said amount, p ursuant to para-2.3 of the special audit report. It would appear from the communication dated 1st July 2010 that the Executive En gineer has asked the petitioner to refund an amount of Rs.10,50,000/-as pointed out in para-2.3 of the special audit report. The relevant portion of the report, on being requested by the petitioner, has al so been furnished to him vide communication dated 15th July 2010. The petitioner , by the communication dated 15th July 2010, issued prior to receipt of the comm unication of even dated from the Executive Engineer, has informed the latter tha t no amount in excess of the works executed was paid to him. Since the petitioner has received the relevant portion of the special au dit report, he may now move the Executive Engineer demonstrating that he is not liable for refund of any amount. It also appears that an investigation by the CI D, Assam, in respect of the work in question is in progress, for which a notice under Section 160 CrPC dated 12th March 2010 has also been issued to him. In view of the aforesaid discussion, the present writ petition is disposed of wi th the observation that the petitioner may approach the Executive Engineer conce rned by way of an application/representation demonstrating that he is not liable for refund of any amount, as claimed by him. In case any amount is found to be not refundable by the petitioner, there will be no question of taking further ac tion by the Executive Engineer. On the other hand, in case any amount is found t o be refundable by the petitioner, the Executive Engineer shall take necessary a ction in that regard. The writ petition is accordingly disposed of. No costs.