BINAY PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for the following reliefs:--

(2.) Learned counsel for the petitioner stated that for construction of Pitamber Mandir, Visthapit Colony Road in Patna notice inviting tender was published by the respondent authorities to which the petitioner responded and filed his tender, which having been found to be in order was accepted and the contract was awarded to him and an agreement was executed by the petitioner and the Executive Engineer, Ganga Bridge Project Wing, Road Construction Department, Patna (respondent No.5) vide Agreement No. 5F2/2008-09 dated 30-09-2008 (Annexure 1). The contract amount was fixed at Rs. 69,28,859.00 i.e. 01% below the rate quoted in the Tender Notice and the time for' completing the work was fixed as six months i.e. by 16-03-2009.

(3.) It was also submitted by learned counsel for the petitioner that work order was issued by the authority concerned on 15-10-2008 according to which some portion of the road was to be made bituminous, whereas the remaining road was to be made P.C.C. However, learned counsel for the petitioner claimed that the petitioner started his work immediately thereafter, but in February, 2009 local residents started demanding that the entire road should be P.C.C. as it was low lying area which experienced water logging in every rainy season and for that purpose a public petition was filed on 24-02-2009 (Annexure 2). Due to the public outcry the Executive Engineer wrote to the Assistant Engineer on 28-02-2009 (Annexure 3) to pepare and submit a fresh estimate for P.C.C. road in place of the earlier sanctioned bituminous road.