RAMESHWARAM Vs. THE STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the order dated 15.05.2010 contained in Memo No. 2544 passed by the Secretary, Rural Development Department, Government of Jharkhand whereby prayer of the Petitioner for extension of time for completion of two bridges has been rejected.

(2.) MR . Pati, learned Counsel appearing for the Petitioner, submitted that the work was started in July 2008 and could not be completed within the time stipulated in the contract due to some reasons and therefore, Petitioner had sought extension for completing the work, but the extension has been refused mainly on the grounds that (i) had the work been completed within three months after the expiry of the stipulated time, extension could be granted extension could be granted; and (ii) that after such long period, if extension is allowed, it will be difficult to get the work completed through other contractors in time. He further submitted that there were cogent reasons due to which, work could not be completed in time and this fact has been accepted by the respondents themselves and, recommendation was made for extension.

(3.) IT appears from the endorsement made by the Executive Engineer on 2.3.2009 on the application of the Petitioner for extension of time that the work was completed on 30.10.2010. It further appears that the concerned Respondents recommended for extension of time, in view of the circumstances beyond the control of the Petitioner. Post -facto extension was refused on the ground that after expiry of the agreed period, the extension could be granted for only three months and if the extension prayed is granted, the Respondents will not be able to get the work completed within time through other contractors.