NAVI LAL ROHITA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this Letters Patent Appeal, under the provisions of Clause 10. of the Letters Patent, the appellants, who are original petitioners, have questioned the legality and validity of the judgment of the learned Single Judge in C.W.J.C. No. 6749 of 2005, passed on 31.8.2005*, whereby the claim of the original petitioners, which was directed to be represented before the authority, by way of representation by this Court earlier in C.W.J.C. No. 4724 of 2005, which was decided against the original petitioners -contractors, came to be rejected and, in result, the learned Single Judge concluded that the extension of time for the execution of the contract in question is not justified.

(2.) WE have given our anxious thoughts and consideration to the submissions of the learned counsel for the parties. At the time of hearing of this matter, at the beginning, we have also evaluated and examined the relevant materials from this Letters Patent Appeal. Let it be first mentioned that the appellants -original petitioners by virtue of an agreement between the parities, dated 2.5.2004, came to be allotted the Government contract with a stipulation of time for conclusion of the work. In the agreement itself the time limit upto 30th of June 2004 was prescribed for the completion of the contractual work in respect of the work of "Repair and blacktopping of W.F.E. -cum -Road from 15 Km. to 23 Km." of Western Embankment of Birpur. The work could not be completed within the stipulated period of time, which led to controversy.

(3.) LEARNED counsel for the appellants -original petitioners, who are contractors, reiterated the submissions, which were raised before the learned Single Judge.