SETU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appellant is aggrieved against the Judgment dated 1.2.2011 passed by learned single Judge in W.P. (C) No. 46 of 2010 by which writ petition of the writ petitioner-appellant was dismissed.

(3.) The facts are not in dispute that the petitioner was given the contract to supply certain articles by the respondents, for which a bill of Rs. 64,74,761/- was submitted by the writ petitioner. The writ petitioner supplied the goods, which were retained and used, but when the cost of the above goods was demanded by the writ petitioner-appellant, it was refused by the respondents on the ground that the work order was given contrary to the rules/instructions contained in Resolution No. 5703 dated 1.10.2002 issued by the Finance Department, whereunder for any item of value above Rs. 50,000/-, tender should have been issued in the newspapers. This fact is not in dispute that no such tender was issued but the contract was given to the writ petitioner and the petitioner supplied the goods and the goods were not only accepted but also were utilised by the respondents. Therefore, the question for consideration before this Court is only that whether the respondents can retain the goods of the value of Rs. 64,74,761/- and at the same time deny the payment of the cost of goods on the ground that the procedure for giving the contract was not followed by the persons and officers of the respondents' department.