SHIV SHIVA CONSTRUCTION Vs. THE STATE OF JHARKHAND,

JUDGEMENT

(1.) HEARD the parties finally.

(2.) MR . Deepak Kumar, learned Counsel appearing for the Petitioner submitted that this writ petition has been filed for quashing the notice dated 22.12.2004 (Annexure 4) by which Petitioner was asked to stop the work with regard to three bridges out of five; and for a direction on the concerned Respondents to give administrative approval with regard to the two remaining bridges which is still pending, on increased and present rate. He submitted that if the administrative approval, was not given, the Petitioner was not at fault. He further submitted that admittedly the security money and the money against the approval of drawing and design is lying with the Respondents.

(3.) IT appears that two agreements were entered into by the Petitioner in the month of June 2004 - agreement No. 6 and 8 of 2004 -2005 under which five bridges were to be constructed. Then by the impugned notice dated 22.12.2004 the contractors including the Petitioner was directed to stop the work of three bridges in the absence of administrative approval. There is no pleading or document to show as to what action the Petitioner took after receipt of the said notice issued on 22.12.2004. It appears that after more than two years, Petitioner made representation on 18.01.2007. It is not known, what was the representation. Its copy has not been brought on the record. Then it appears that by letter dated 19.02.2007 on receipt of administrative approval, Petitioner was directed to complete the work of one of the bridges covered under Annexure 4. According to the Petitioner a representation was made on 31.12.2008 to allow it to complete the work of two other bridges.