TANTIA CONSTRUCTION COMPANY LTD., THROUGH ITS VICE-PRESIDENT CONTRACTS ANJAN SARMA SON OF PROFESSOR P.C.SARMA Vs. UNION OF INDIA THROUGH THE CHAIRMAN, RAILWAY BOARD, RAIL BHAVAN, NEW DELHI

JUDGEMENT

(1.) Petitioner, in this writ application, is a firm of contractor with longstanding relationship with the Railway. For construction of the new broad gauge line between Ara and Sasaram, petitioner had entered into an agreement for supply, transporting and stacking of 42000 cubic meters of stone ballast from Karwandia quarry. The period for completion of work was twice extended and ultimately cancelled by the Railway and a re-tender has been issued for the balance work 'at the risk and cost of the petitioner'. This action is the first grievance of the petitioner.

(2.) The second is that even if the contract had been cancelled, for the work done of about 6000 cubic meters of stone ballast supply, petitioner was required to be paid. Petitioner has only been paid for 3160 cubic meter of stone ballast but not for the balance. Thus is the second grievance.

(3.) Railway upon response to the notice have filed a counter affidavit to which a rejoinder has been filed.