LAL BACHAN YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Yogesh Agarwal, learned Counsel for the petitioner, learned Standing Counsel for the State-respondents No. 1, 2, 3 and 4 and Sri J.P. Singh, learned Counsel for the Zila Panchayat-respondent No. 5. By means of this writ petition the petitioner has challenged the recovery certificate dated 11.5.2012 and citation dated 19.5.2012 filed as Annexures-1 and 3 respectively with the following prayers:

(2.) The petitioner alleges himself to be a Government Contractor. It is claimed that the tenders were invited by the Upper Mukhya Adhikari, Kushinagar in February-March, 2002 for construction of a RCC Culvert measuring 3 x 6 meters across Bedu part Bintoli-Birwat road on old Basi river. The petitioner also submitted his tender for the aforesaid construction which was accepted and upon an agreement between the petitioner and the respondents Upper Mukhya Adhikari and Assistant Engineer, Zila Panchayat, Kushinagar, the petitioner was awarded contract for construction of the aforesaid bridge/culvert which was scheduled to be completed by December, 2003.

(3.) The petitioner claims that due to delay in disbursement of fund, the said construction could not be completed within the time agreed upon. However, the same was completed in 2004 and was handed over to the Zila Panchayat. It is claimed that due to heavy rainfall and flood in the river said to be attributary of Narayani river, the span of the culvert sank which caused a curve in the slab.