DHANPAT PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) PETITIONER wants payment of a sum of Rs. 20,23,270/-, the balance amount of the so-called sanctioned claim of the petitioner under the head of escalation price of cement and steel for the contract work in question, which was for construction of 75 bedded Hospital at Rajauli, Nawada. The agreement was entered into on 2.11.2006. The time for completion of the said project was 2.5.2008 but for some reason, not necessary to be noted here, this time was extended by respondents to 31.7.2009. These aspects are not in dispute.

(3.) THIS Court is in agreement with the submission made by learned counsel for the respondents because the benefit if at all, must accrue only from the date of circular and that too for the extended period of work or else it will beget unfair or undue advantage to the petitioner, despite him being assigned the contract on the rate offered by him initially. It is not the object of the circular or the Clauses 4 and 5 to provide hidden costs to the petitioner on the rate quoted by him for the work.