CHANDRA KANTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is sole proprietor of firm Shree Traders and Constructions in favour of whom the Executive Engineer, Public Works Department, Division Jhalawar issued work order dated 16.12.1994, regarding construction of Judicial Quarters Second Type at Bhawani Mandi. THE work awarded was to be commenced from 31.12.1994 and was to be completed on or before 30.9.1995, but the same was actually completed on 25.8.1996. THE total work executed by the petitioner was of Rs.9,04,029/-, however, only the amount of Rs,7,27,441/- was paid, as such the amount of Rs.1,72,988/- was left behind and the petitioner at various levels of the respondent department agitated his cause to get the same released. During this process the Executive Engineer, Public Works Department, Division, Bhawani Mandi by letter dated 28.5.2002 requested the Chief Engineer, Public Works Department to arrange revised administrative and financial sanction to discharge the petitioner's liability. THE letter dated 28.5.2002 is worth to be quoted:-Office of Executive Engineer, P.W.D. Division, Bhawanimandi No.449-51 Date 28-5-02 THE Chief Engineer, P.W.D. Rajasthan, Jaipur. Sub. : Revised Administrative & financial sanction for construction of Judicial Quarter IInd Type. Sir, THE Administrative & Financial sanction of the work was conveyed by the Govt order no.F.50(16)Sec.II/93 dated 28.07.1994 for Rs.7.50 lakhs. THE estimate of the work was technically sanctioned by Executive Engineer P.W.D. Division Jhalawar vide her letter no.168 dated 14.9.94 for Rs.7.00 lakhs. THE tender for the above work was invited by the Executive Engineer, P.W.D. Division Jhalawar and was also approved by him in favour of M/s. Shree Traders & Cons. Kota @ 13.49% above BSR' 93 work order aggregating to Rs.6,29,682/-. THE work order was issued by the Executive Engineer P.W.D. Division Jhalawar vide letter no.5020-28 dated 16.12.94 amounting to Rs.629682/- in favour of the aforementioned agency with stipulated date of commencement and actual date of completion was 31.12.98. Against this work order amount the contractor has executed the works of r.9.00 lakhs upto 01/97. No expenditure has been incurred from 2001-2002 since execution of the works. Thus the complete expenditure has been done by P.W.D. Division Jhalawar before creation of this Division. THE expenditure on this work has been concerned due to additional staircase construction, sand stone flooring in the approach Boundary wall gate, earth filling etc. THE upto date total expenditure on this work is Rs.11.40 lakhs (with prorata charges) against Admn. Sanction of Rs.7.50 lakhs. As per seventh running bill which was submitted by the Asstt. Engr. For Rs.242988/- was passed by the Executive Engineer P.W.D. Division Jhalawar for Rs.70,000/- on 25.1.97 and Rs.172988/- was upheld for want of sanction. So now the withheld amount of Rs.172975/- in Final bill has been received in this office. To clear this pending liability of Rs.172975/- revised administrative and financial sanction of Rs.11.40 lakhs is required. It is therefore requested that revised admn. & financial sanction amounting to Rs. May kindly be arranged from the Govt. so that the liabilities could be discharged and final bill passed by 31-3-07 as per orders of Secy. PWD and your goodself.Yours truly, Sign. It is also pertinent to note that the respondents also not released the security amount of Rs.45,000/- deposited by the petitioner with them at the time of grant of contract in the year 1994. On getting no result regarding release of due amount the petitioner by submitting an application approached to Kanuni Sewa Clinic, Bhawani Mandi for redressal of his grievance. Before the Kanuni Sewa Clinic a reply was filed by the respondents and that too deserves to be quoted:- "...[VERNACULAR TEXT OMITTED]..."

(2.) THE Kanuni Sewa Clinic by its order dated 13.4.2009 disposed of the application by specifically stating that the respondents have accepted their liability regarding payment of Rs.1,72,988/-, the due amount and for releasing security amount in a tune of Rs.45,000/-. An advise was given to the petitioner to approach the competent court for redressal of his grievance, thus, she has preferred this petition for writ. It is urged by counsel for the petitioner that the amount due i.e. of Rs.1,72,988/- and of Rs.45,000/- is admitted by the respondents and the same is not paid to him only because of red tapism prevailing with the respondents. It is asserted that the payment of dues is lingering on as no financial and administrative sanction is yet granted. Per contra, as per the respondents the sum of Rs.1,72,988/- is disputed as the work assigned was not completed by the petitioner within the period stipulated and the bill submitted by him are in violation of clause 12-A of the terms and conditions settled. In rejoinder the petitioner came forward with the case that the delay in execution of the work was due to the respondent department and the department itself accepted this position on various occasions and is also apparent from document Anx.6, whereby extension was granted and delay was validated. THE petitioner also stated that the excess work was done by him in extra time as that was mutually agreed and, therefore, there is no violation of the terms and conditions referred under clause 12-A of the agreement.