ARUN DEO KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel for the petitioner and learned counsel for the respondents.

(2.) The present writ petition has been filed claiming the following reliefs :-

(3.) Briefly stated the facts of the case, according to the petitioner, are that on 11/10/2018, the respondent Bihar Sharif Smart City Ltd. floated NIT vide Tender No. BSSCL-01/2018-19 for construction of Jan Suvidha Kendra Building at 20 locations in Bihar Sharif under the Smart City Mission. The petitioner participated in the tender by submitting its bid on 4/12/2018 along with its security deposit and the petitioner was the lowest bidder. The petitioner was called by the concerned respondent for negotiation of rate and finally on 30/8/2019, Letter of Acceptance was issued to the petitioner by the respondent authority for construction of aforesaid 20 Jan Suvidha Kendra at different Wards of Bihar Shariff. The contract was finally awarded for a sum of Rs.11,35,06,000.00in total. In terms of LOA and clause 50.1 of Instructions to Bidder, the petitioner submitted the performance security to the tune of Rs.14,57,000.00 in the shape of Fixed Deposit and also submitted Non-Judicial Stamp of Rs.1000.00 on 27/9/2019. The petitioner also submitted registration certificate issued by the Building Construction Department, Government of Bihar, Patna. On 21/10/2019, the petitioner submitted the topographical survey drawing and soil investigation report of different locations, architectural design, etc. Thereafter, vide letter dtd. 24/10/2019, the petitioner was directed by Project Management Consultant to submit the work schedule of the allotted work. Thereafter, the petitioner informed the respondent authority regarding difficulties faced in execution of work at Ward No. 5, 8, 25, 31 and 34 and also informed that the topographical survey for 11 sites, soil investigation for 06 sites and material dumping has been done at different sites and submitted its work schedule to be performed. The petitioner submitted the topographical survey drawing and soil investigation report of the locations of Ward No. 19, 24, 26. The Executive Engineer vide letter No. 117 dtd. 7/12/2019 directed the petitioner to submit drawing and design and architectural view of the Jan Suvidha Kendra. Thereafter, vide letter No. 122 dtd. 10/12/2019, the Executive Engineer directed the petitioner for correction in drawing and design of the architectural view and reinforcement drawing of staircase of Jan Suvidha Kendra. Thereafter, on 12/12/2019, the petitioner paid Rs.20,000.00 in favour of Dean (R&C) NIT, Patna for vetting drawing design. On 16/12/2019, the petitioner requested the authority concerned to provide the work order, execute agreement, lay out drawing and working drawing for execution of the contract as the same has not been given yet. The petitioner submitted the architecture and structure drawing of boundary wall and the topographical survey drawing and soil investigation report of the locations. The petitioner in reply to the oral instructions to change boundary wall height, requested to give clear instruction for the same. On 22/1/2020, the petitioner requested the respondent to give permission to start the work and also informed that the Commissioner had instructed to change the foundation design for G+2 instead of G+1 which would increase the cost @ 12%. Work site was even inspected by the Respondents personally. The petitioner vide letter dtd. 17/3/2020 requested the respondents to get the site clear and also to issue written work order and has also informed that construction work has been started according to verbal instructions. On 18/5/2020 and 06.2020, the petitioner also requested the respondents to execute agreement and issue written work order as the petitioner was executing the work as per oral instructions. Thereafter, on 18/6/2020, 1st RA Bill for an amount of Rs.1,62,04,447.00 was submitted by the petitioner to the respondent authority. Instead of payment the running bill, the respondent authority has issued a letter dtd. 8/7/2020 by which the petitioner has been called upon to execute agreement only for the construction of Jan Suvidha Buildings in Ward No.01,0623, 29, 33, 46 and 12 within a period of three days. In reply to the aforesaid letter, the petitioner filed a detailed representation dtd. 13/7/2020, but the respondent nos. 3 to 6 kept pressurizing the petitioner to execute agreement only with respect to 3 wards and they have not executed the agreement till date. Hence, the present Writ.