SHREE MAHAMAYA CONSTRUCTIONS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner who is a contractor seeking review of the order dated 20.03.2019 passed in WPC-3044 of 2017 whereby this court in the writ proceedings, dismissed the writ petition leaving the petitioner at liberty to avail other remedies available to him outside the writ jurisdiction.

(2.) The petitioner was awarded with a contract for providing, laying, jointing, interconnection, testing & commissioning of 56644 mtr Distribution network of 80,100,150, 200 & 250 mm dia Ductile Iron pipers class K-7 with valves, specials and all allied civil works from Over Head Tanks Under Bastar Augmentation Water Supply Scheme (hereafter referred to,'Water Supply Scheme') for Nagar Panchayat Bastar. The work order was issued in favour of the petitioner on 22.01.2015 (Annexure RP/3) and the period of completion of the work was 16 months excluding rainy season. The value of contract was Rs.890.90 lakhs. The petitioner could not complete his work of the contract within the prescribed time, even after granting extension of period and therefore his contract was terminated vide letter of termination dated 31.10.2017 (Annexure RP/4). Subsequently, fresh tender notice was issued on 01.11.2017, for the estimated cost of Rs.9.76 lakhs. The petitioner challenged the termination of his contract and also the issuance of fresh tender notice on 01.11.2017 mentioning therein that his tender was illegally terminated ignoring that major part of the work has been completed, and projected that, out of the estimated tender value of Rs.890.90 lakhs, balance work is only of Rs.9.76 lakhs, as mentioned in the new tender document i.e. dated 01.11.2017.

(3.) Looking to the case projected by the petitioner that out of Rs.890.90 lakhs of work, only the remaining work has been re-tendered, estimating the work as Rs.9.76 lakhs, an interim order was passed by this court on 24.11.2017 which reads as under: