STATE OF BIHAR Vs. BHUPENDRA

JUDGEMENT

(1.) HEARD Mr. B.S. Lal, learned Addl. A. G. appearing for the appellant. No one appears on behalf of the respondents.

(2.) THIS appeal under Clause 10 of the Letters Patent is directed against the order dated 3,5.1994 passed in CWJC No. 956 of 1992 (R), whereby the learned single Judge allowed the writ application and quashed the demand made by the appellant with regard to hire charges of the machineries amounting to Rs. 3,40,690.52 paise.

(3.) THE writ petitioner (respondent No. 1) entered into a civil contract with the appellant, M/s. Subarnarekha Multipurpose Project. The contract was for excavation of earth and bed lining of canal on Subarnarekha left Bank Canal. Petitioners case is that for the purpose of excavation of the earth and for dressing the layer of earth it was agreed that the machine like Buldozers, motors, wheel dozers, rig machines, low bed trailers, cranes etc., shall be provided by the appellant on payment of hire charges. Further case of the petitioner -respondent was that the log -book was maintained only for the hours of the use of various machines which were noted and on the basis of that log -book hire charges were demanded by the appellant amounting to Rs. 78,164.75 paise. The said amount was paid by the petitioner. However, the appellant was again asked to pay hire charges to the extent of Rs. 3,40.690.50 paise on the basis of the agreement whereby it was agreed that the hire charges, shall be payable at minimum of seven hours per day. The writ petitioner challenged the demand on the ground inter alia, that there was no, such agreement for payment of hire charges at the rate of seven hours per day.