MACADUM MAKERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 3-12-2010 (Annex-ure P-i) passed by respondent No.4, the Executive Engineer-cum-Member Secretary, Project Implementation Unit-II, Pradhan Mantri Gram Sadak Yojana (for short "P. M. G. S. Y."), Balodabazar, as also order dated 10-12-2008 (Annexure P-9) passed by respondent No.3, the Executive Engineer-cum-Member Secretary, Project Implementation Unit I, P. M. G. S. Y., Raipur.

(2.) RELEVANT facts of the case, necessary for adjudication of the controversises involved in the writ petition, are that the petitioner is a registered "A-5" Class Contractor with the respondents - Department. Vide letter of acceptance dated 24-10-2001 (Annexure P-2), the petitioner was awarded a contract for construction of rural roads. An agreement between the parties was also executed on standard form of contract, copy of which has been placed on record as part of Annexure P-3, along with tender documents. A notice of commencement of work was also issued to the petitioner on 16-11-2001 (Annexure P-4). A certificate of completion of work was issued on 19th January, 2004 (Annexure P-5). Under the terms of contract, petitioner was duty bound to maintain the road constructed under the contract for a period of 16 months from the date of its completion i.e. up to 31-3-2008.

(3.) AGGRIEVED by the aforesaid action of the respondents, instant petition has been filed.