HEMA CONSTRUCTION Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This appeal is directed against the order dated 14-12-2004 passed by the learned single Judge in Writ Petition No. 5649/2004 whereby the learned Judge found the writ petition filed by the petitioner- appellant in a contractual matter involving disputed questions of fact and therefore declined writ jurisdiction.

(3.) The appellant-petitioner, registered "AA" Class Contractor was awarded the work of "Construction and Upgradation of Missing Link from Bhiluda to Saroda Road K.M. 3/500 to 8/500 and 10/500 to 15/500" amounting to Rs. 88,95,991.00 at the negotiated rates of 9% above G-Schedule Rates. Acceptance of the tender was conveyed on behalf of the Governor of the State of Rajasthan to the petitioner by the work order dated 5-2-2004 (Annex. P/3) stating inter alia the stipulated date of commencement of work as 15-2-2004 and the stipulated date of completion as 14-9-2004 and that the contract clauses "Conditions of Contract" R.P.W.A. 100 including tender documents shall form part of agreement and treated as executed between the petitioner and the Governor of State of Rajasthan as Agreement No. 159 of the year 2003-2004.