STATE OF ODISHA Vs. RADHESHYAM AGRAWAL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment(s) and order(s) passed by the High Court of Orissa at Cuttack in Writ Petition Nos. 14922/2019, 10344/2021 and 20066/2019, by which, the Division Bench of the High Court has allowed the said writ petitions preferred by the respective contractors - original writ petitioners and has set aside the penalty imposed while granting the extension of time to complete the work awarded, the State of Orissa has preferred the present appeals.

(2.) For the sake of convenience, the facts in Civil Appeal No. 4934/2022 arising out of the impugned judgment and order passed by the High Court in Writ Petition No. 14922/2019 are narrated, which in a nutshell are as under: -

(3.) Shri Sibo Sankar Mishra, learned counsel appearing on behalf of the State has vehemently submitted that it is not in dispute and it cannot be disputed that the contractor did not complete the work within the stipulated time and as such, there was a delay on the part of the contractor in completing the work and that the contractor applied for extension of time which came to be allowed by the State Government, however, subject to payment of penalty on the value of the work done during the extended period.