(1.) THE petitioner has filed the present writ application for quashing the order dated 31st July, 96 passed by the Executive Engineer, Irrigation Department, Garhi Division (respondent no. 6) cancelling the contract for construction work of spill way under upper Kiul reservoir scheme and forfeiting the security money on the ground that the petitioner has not completed the work within the stipulated period as well as extended time, for quashing the tender notice published in daily Hindi 'Aaj' inviting tender for the rest construction work of the aforesaid scheme and for a direction to the respondent to allow the petitioner to complete the work at the old rate and pay the dues of the petitioner including the earnest and security money. A copy of the order dated 31st July, 1996 and tender notice dated 3.8.96 have been annexed as Annexures -22 & 1 respectively.
(2.) IN the year, 1988 tender notice was issued inviting tenders from the desirous contractors for construction of spill way under Kiul reservoir scheme (hereinafter referred to as the scheme) at the estimated cost of Rs. 1,43,71,000/ -. The petitioner applied in pursuance of the aforesaid notice and the work was allotted to him under agreement Form No. 15 F 2 of the year, 1989 -90. The agreement value being Rs. 1,49,45,84 (sic) lacs. On 6.7.89 the work order (Annexure -3) was issued and the period of completion of the contract work was 14.10.90.
(3.) ACCORDING to the petitioner it proceeded with the work and the work progressed to the satisfaction of the authorities and continued upto March, 1990 and account bills were passed and paid. After March, 1990 the work stopped due to non -availability of cement. The petitioner represented the matter times without number and again as cement was supplied the contract work started and continued upto December, 1990, thereafter, again work was stopped and the petitioner wrote several letters and represented the matter to the respondents to make available cement and also claimed money for keeping idle labourers and for watching the materials at the spot. The Chief Engineer on 20th August, 1992 found some fault in design of stock lock gate of the spill way and as such the work was stopped indefinitely as a result of which no further progress was made in the work allotted to the petitioner. However, the period of extension was extended time to time upto 20th July, 1994.