MADAN LAL BAJAJ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondent authorities to show cause as to under what authority the balance admitted dues of Rs.16,33,747/- (under the head of 9th R/A and final bill), Rs.8,12,291 (under the head of security deposit) and Rs.1,62,458/- (under the head of facility charge), in total, Rs.26,08,496/- has been illegally withheld by the respondent authorities with respect to the construction of community health centre at Masalia in the district of Dumka in relation to the tender being NIT No. 03-CHC/08 (Amendment No.-2) dated 06.03.2008.

(2.) The case of the petitioner is that the aforesaid work order was awarded to it by the respondent- National Buildings Construction Corporation Limited (NBCC), a Government of India Enterprise, being a successful tenderer in NIT No. 03-CHC/08 (Amendment no. 2) dated 06.03.2008 for construction of community health centre at Masalia, District- Dumka. The estimated cost of aforesaid tender was Rs.2,75,48,700/- and the period of completion of work was 18 months. According to the petitioner, it successfully completed the said work to the satisfaction of the NBCC and the State authorities, however the aforesaid balance dues arising out of the said work has not been paid to it. The petitioner made several representations in this regard before the competent authority of the respondent NBCC, yet the balance due amount has not been paid to the petitioner except that there has been some exchange of letters between the respondent-NBCC and the State authorities.

(3.) Mr. D.K.Pathak, learned G.A.-III, appearing on behalf of the State of Jharkhand, submits that the claim of the petitioner arises out of a private agreement executed between the petitioner and the respondent-NBCC. If the petitioner raises any claim out of the said agreement, the same is not enforceable under the writ jurisdiction of this Court.