LAWS(ORI)-2021-3-48

JAY RAM PUJAHARI Vs. STATE OF ODISHA

Decided On March 18, 2021
Jay Ram Pujahari Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) Heard Mr. Prabodha Chandra Nayak, learned counsel for the Petitioner and Mr. Prabhat Kumar Muduli, learned Additional Government Advocate for the State-Opposite Parties.

(2.) The Petitioner in this writ petition seeks to assail the order dated 20th August, 2020 (Annexure-1) passed by the Commissioner-cum-Secretary, Government of Odisha, Works Department, Bhubaneswar, whereby he rejected the representation of the Petitioner for grant of incentive for timely completion of work as per the condition in the DTCN as well as provisions of OPWD Code.

(3.) The averments in the writ petition reveal that the Petitioner being a Special Class Contractor was awarded with the work 'Construction of HL Bridge over Raxapali Nallah at 71/500 Km on Sambalpur-Sonepur Road SH-15 under CRF' (for short the 'Project'). The Petitioner completed the Project on 21st December, 2016, i.e., much prior to the stipulated date of completion and intimated the same to the authorities claiming incentive for timely completion of Project. Due to inaction of authorities in granting incentive to the Petitioner, he submitted a representation dated 14th January, 2019 before the Commissioner-cum-Secretary, Government of Odisha, Works Department, Bhubaneswar-Opposite Party No.1, which was not paid any heed. Consequently, the Petitioner filed W.P.(C) No.7796 of 2019, which was disposed of vide order dated 26th August, 2019 directing the Opposite Party No.1 to consider and dispose of his representation within a period of four months from the date of receipt of a copy of the said order.