STATE OF BIHAR Vs. RAM CHANDRA SINGH

JUDGEMENT

(1.) Being aggrieved by and dissatisfied with the judgment dated 14.08.2003 and decree dated 27.08.2003 passed by the learned Sub-Judge-VIII, East Champaran at Motihari in Title Suit No.107 of 1998/174 of 2002, whereby and whereunder the suit has been decreed on contest with cost, the defendant-appellants challenged the same by way of instant appeal.

(2.) Briefly stated the case of the parties are as follows: Respondent-plaintiff asking for the relief that on an adjudication of the facts and circumstances the order of the defendants be declared illegal, improper, arbitrary, whereby the order to stop with the work of allotted tender as well as for recovery of Rs.50,000/- so paid as an advance amount, a decree for Rs.3,00,000/- with proper interest be passed till realisation of the amount in lieu of expenses so incurred during course of purchase of construction materials as well as, expenses incurred in digging plinth, removal of accumulated water, construction up to plinth as per work order issued by the defendants in his favour, injuncting the defendants permanently from allotting the construction work of bridge over Tilawe river to somebody else, any other relief or reliefs which the plaintiff is entitled for and for that, pleaded that the plaintiff happens to be a member of All India Centre for Urban and Rural Development (NGO) having with district office at Miscot, Motihari, East Champaran who coming to know about the proposal for construction of R.C.C. bridge over Tilawe river near Fular village, advanced his candidature. After technical sanction at the end of the Executive Engineer, N.R.E., Motihari (defendant no.5) on the basis of which, the administrative sanction of Rs.4,99,500/4,99,800/- was granted by the Deputy Development Commissioner (defendant no.2) vide letter no.1584 dated 01.10.1994. Subsequently thereof, the request of the plaintiff was acceded with. Whereupon, he was appointed as an agent by the Block Development Officer, Turkauliya vide letter dated 3. /4.10.1994 and as directed, the plaintiff executed an agreement on 04.10.1994 which was accepted by the Block Development Officer, Turkauliya on the same day. After consulting the Collector, issued work order and, further instructed, to start work on war footing after investing at his end as, at that very moment fund was not available. It was assured at the end of the Block Development Officer, Turkauliya that as soon as fund will be made available, payment will be made to him. On that very assurance, the plaintiff took out Rs.1,17,000/- from his Savings Account No.960 lying at Kshetriya Gramin Bank, Harsidhi as well as also took loan from his close relatives, friends and then, initiated the work. In due course of time, fund came. Whereupon, on 28.10.1994, the Block Development Officer, Turkauliya granted Rs.50,000/- as an advance. For the purpose of construction of the bridge, the plaintiff brought 300 bags of cement, 4000 cft. stone chips, 4000 cft. Sone sand, bricks worth of Rs.50,000/- and had also spent Rs.20,000/- in dewatering the area as well as Rs.15,000/- in plinth digging and Rs.40,000/- as carriage expenses.

(3.) While the work was going on, he became very much surprised on receiving an instruction on 27.11.1994 from the Block Development Officer, Turkauliya to stop the construction work in pursuance of the order dated 23.11.1994 followed with 26.11.1994 passed by the Collector, East Champaran. The aforesaid event is found duly recorded in Misc. File No.01/1994-95.