SHREE CONSTRUCTION Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner seeks to impugn and assail the validity of action of respondent No. 2-Executive Engineer, whereby respondent No. 2 Executive Engineer vide an internal correspondence dated 2-6-2011 (AnnexureP-1), informed the Chief Engineer that an amount of Rs. 16,76,605.00 is recoverable from the petitioner on account of termination of contract under Agreement No. 02/DL of 2008-09 and for that reason, the payments, which are due to the petitioner under agreement No. 04/DL of 2005-06 has been withheld.

(2.) THE factual matrix leading to dispute between the parties and filing of instant petition, in nutshell, are that the petitioner is a registered A-4 Class Contractor, registered with Public Works Department (for short "P.W.D.") of the State of Chhattisgarh. In respect of two different works of the P. W. D. at different places, two different works contract were awarded to the petitioner. Under Agreement No. 40/DL of 2005-06, the petitioner was awarded contract for construction of Bridge i/c approaches across Kharkhara river on Deosara Deori Pari road. Vide another Agreement No. 02/DL of 2008- 09, the petitioner was awarded contract for construction of bridge i/c approaches across Ghumaria Nall in K. M. 3/4 on Dongaragaon- Chhuria road. Relevant documents with regard to two agreements have been placed on record as Annexures P-2 and P-3.

(3.) IT is the aforesaid action of respondent No. 2 Executive Engineer, which is under challenge in this writ petition.