B K ENTERPRISES DHANPURA Vs. STATE OF BIHAR

JUDGEMENT

(1.) STATE had invited tenders for earth work, construction of outlet, repair and renovation of structure of Koilwar distributory under the Sone Canal Division, ara, Bhojpur. In the tender document, rate of work was specified. This tender was issued in 2004. Petitioner filed his tender accordingly stating that he was ready to do the work at 15% below estimated rate. His tender was accepted and he was given work order. While doing the work, the rainy season Intervened and consequently the canal got filled up with water hampering progress of the work. Petitioner requested and was granted extension. Authorities wanted to verify the extent of work done but were informed by the authorities on site that the same was not possible till the water receded. These showed the difficulty in executing the work. The Executive Engineer, who signed the agreement and was responsible for execution thereof also recommended from time to time that the petitioner should be granted time up to December, 2007 to complete the work. Obviously, there was default on the part of the petitioner in completing the work in time, which had already necessitated extension. Notwithstanding recommendation subsequent extension upto December, 2003 was rejected and the contract cancelled.

(2.) AFTER the contract was cancelled it has been re-tendered for the balance work but no tender has yet been received within the date stipulated for filing tenders and as such the same has further been extended but no tender was filed.

(3.) PETITIONER submits that if the balance work is being re-tendered and the estimated cost is based on the cost as fixed in 2007 and if these costs are paid for the balance work, State would be liable to spend 27 lakhs in excess of what the petitioner would charge for doing the work as per his contract and that too he was ready to do by December, 2007.