BIJAY KUMAR MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner is a registered super class contractor. He was awarded a contract work for "improvement of Barikpur-Dhamnagar road from 0/0 to 9/660 km. under ACA Scheme for the year 2013-14" pursuant to the agreement dated 03.09.2014 which was completed by him before the due date. He thus claims for incentive for early completion of work, as well as refund of earnest money deposit (EMD) and security deposits in terms of the agreement.

(2.) The admitted facts of the case are that challenging the said award of contract in favour of the petitioner, one Suryanarayan Mohanty had filed W.P.(C) No.16944 of 2014, in which initially interim order was passed on 06.09.2014, but finally on 25.11.2014 the writ petition was dismissed. The petitioner thereafter commenced the work and completed the same on 15.04.2015, which was admittedly two months prior to the assigned date of completion as indicated in the agreement. On 17.04.2015, opposite party no.4-Executive Engineer issued completion certificate and the final bill of the petitioner was also released on 27.05.2015. Then on 03.07.2015, the petitioner requested the Executive Engineer to disburse the incentive in his favour for early completion of work, as was stipulated in the terms of the agreement. When the said incentive was not paid, this writ petition has been filed for a direction to the opposite parties to pay the incentive to the petitioner for early completion of work and also for refund of EMD and security deposit.

(3.) We have heard Sri B. Routray, learned Senior Counsel along with Sri S.K. Sahoo for the petitioner, as well as learned Addl. Govt. Advocate appearing for the State-opposite parties. Pleadings between the parties have been exchanged and with the consent of learned counsel for the parties, this writ petition is being disposed of finally at the stage of admission.