STATE OF CHHATTISGARH Vs. S. P. SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the order dtd. 5/4/2016 passed in W.P.(C) No. 77 of 2015 whereby the writ petition filed by the respondent No.1/petitioner was allowed directing the appellants to make payment of the entire amount to the respondent No.1/petitioner at the contractual rate for the remaining 5 piece works and to pay respondent No.1/petitioner the entire amount with respect to 10 piece works at the contractual rate.

(2.) Facts relevant for disposal of this appeal are that the respondent No.1/petitioner is a registered A-4 Class Contractor in the Water Resources Department. In the year 2011-12, the respondent No.1/petitioner was awarded 36 number of piece works of Left Bank and Right Bank of Indrawati river near Old Bridge at Jagdalpur for construction of retaining wall, CC pitching work and 8th down stream and upstream of Anicut for different lengths. Work value of each piece work was Rs.2.5 lakhs. Agreements for all 36 piece works were executed on 30/3/2011 and period for completion of the works were fixed as 15/6/2011. Respondent No.1 claimed to have completed the entire work within the prescribed period and requested for disbursement of the entire bill amount. As per valuation and completion of 21 piece works, out of total 36 piece works, a sum amounting to Rs.46,26,690.00 was paid to the respondent No.1. Respondent No.1 demanded the balance undisputed amount vide representation dtd. 29/11/2014. The appellants failed to release the amount as demanded by the respondent No.1 and therefore, he approached this Court by way of filing writ petition bearing W.P.(C) No. 77 of 2015 with following reliefs :-

(3.) Appellants submitted counter affidavit to the writ petition denying the claim of the respondent No.1/petitioner. It was further pleaded that payment with respect to 21 piece works was made to the respondent No.1/petitioner and for 10 piece works, payment is made as per reduced rate in SOR as agreed by the respondent No.1/petitioner. Remaining 5 piece works were not completed. The respondent No.1/petitioner accepted amount due for work of 31 piece works without any protest.