PADMA CHARAN PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner has filed the present writ application being aggrieved by the decision of the State Government in issuing a notice inviting Tender for completing the balance work awarded to the Petitioner on 19.11.2004, vide Agreement No. 305 F2 of 2004-05 dated 19.11.2004 for construction of H.L. Bridge over river Luna with 30 mtrs. approach on either side of Chandol-Danpur Road. The Petitioner also seeks for a direction to close the contract without levy of penalty & direct the State Government to pay all its dues with reference to Agreement No. 305 F2 dated 19.11.2004 including escalation, which is entitled to under the agreement.

(2.) Briefly stated, the Petitioner is a super class contractor engaged in the business of civil construction like construction of roads, bridges etc. The Government of Orissa in the Works Department invited application for construction of H.L. Bridge over river 'Luna' at Danpur of Chandol Danpur Road with 30 mtrs. approach. The Petitioner submitted its tender & since his tender was found to be the lowest, a work order was issued in his favour on 19.11.2004. On the same date, an agreement was entered into between the Petitioner & the Executive Engineer, Kendrapara (R & B) Division for executing the said work. The work was to commence on 19.11.2004 & was to be completed on 18.05.2006.

(3.) In course of execution of the work, the Petitioner faced the following difficulties: