BIRAMPUR CONSTRUCTION PVT LTD THROUGH ITS MANAGING DIRECTOR NILESH KUMAR SON OF ARUN KUMAR Vs. STATE OF BIHAR THROUGH SECRETARY

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for opposite party.

(2.) Petitioner is aggrieved against part of the impugned award dated 14.11.2014 passed by Bihar Public Works Contracts Disputes Arbitration Tribunal, Patna in Reference Case no. 67 of 2012 by which and whereunder Tribunal rejected the claim of Rs. 3, 90, 825/- of the petitioner on the ground that the District Magistrate had kept the implementation of scheme in abeyance vide his letter no. 459 dated 28.2.2007 but even then the concerned Executive Engineer prepared bill of Rs. 3, 90, 825/- for payment to the petitioner and furthermore, enquiry team could not verify the work done by the petitioner.

(3.) It would appear from perusal of impugned award that vide agreement 17 F2 of 2006-07 dated 9.1.2007 works of digging soil from a pond, earth filling and construction of fishing platform were allotted to the petitioner and works had to be completed within six months from the date of agreement. Petitioner started doing allotted work and he was paid first payment of Rs. 42, 510/- but while work was in progress, the concerned Collector wrote letter to the Executive Engineer vide his letter no. 459 dated 28.2.2007 for keeping the work in abeyance. The aforesaid letter of Collector was served upon the Executive Engineer on 2.3.2007. However, second bill in respect of work of the petitioner was prepared by the concerned official and same was put up before the Executive Engineer on 13.6.2007 who subsequently, checked the aforesaid bill and found it correct but no payment was made to the petitioner. Thereafter, petitioner went before Tribunal and accordingly, Reference Case no. 67 of 2012 was registered.