KAMLA CONSTRUCTION CO. Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) AS pleadings are complete and all parties have appeared with their consent the writ petition has been heard for final disposal at this stage itself.

(2.) THE writ petition was filed on 11.12.2008, against the order of suspension of work dated 7.6.2008 (Annexure -6). and termination of the contract for work dated 21.11.2008 (Annexure - 11/2), as done by IRCON International Limited, a Government of India undertaking, and for direction to the said respondent for clearing all dues payable to the petitioner including the fifth running bill. The writ petition having been filed after service of copy of the writ petition on the learned Advocate General for the State and its officers. A copy of the writ petition was also served upon the counsel who normally appears for IRCON International Limited in this Court as also after serving copies of the writ petition in the local office of IRCON International Limited. When the matter was taken up for admission for the first time in spite of such services of notice of writ petition no one appeared on behalf of the IRCON International Limited. Interlocutory applications were filed amending the writ petition, in view of the subsequent events and for staying of re -tender notice of the balance work at the risk and cost of the petitioner. As no one appeared on behalf of the IRCON International Limited and having considered the matter prima facie, by order dated 13.1.2009 apart from fresh notices having been ordered to be issued on respondent ad interim stay with regard to re -tender was passed by this Court. Subsequently parties have appeared, filed their counter affidavits and rejoinders were filed.

(3.) THE principle plea of the petitioner, who is the contractor, as against suspension/cancellation and re -tender at the risk and cost of the petitioner of the balance work, is based on unauthorized and virtually mala fide interference in the contractual relationship between the petitioner and IRCON International Limited by the respondent -State Officials.