BANDHU CONSTRUCTION PVT.LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the decision of the Executive Engineer, Kharkai Dam Division No. 1, Musabani, Singhbhum East (respondent no. 7) contained in letter no. 133 dated 10.3.2011, whereby the petitioner was informed regarding action being taken for cancellation of the petitioner's agreement with the department. The petitioner has further prayed for quashing the order dated 5.5.2010 and directing the respondents to act in accordance with the terms and conditions of the agreement dated 17.12.2004, refund security money of the petitioner and pay the amount for the work which has been completed by the petitioner. According to the petitioner, on selection in the tender for the construction of canal in Swarnarekha Project, two agreements were executed by the respondents in favour of the petitioner dated 17.12.2004 for construction of cross drainage works at Galudih Right Main Canal from Kilometer 32 to Kilometer 55. The work orders were issued to the petitioner on the same date vide letter nos. 885 and 886, of the office of the Executive Engineer, Kharkai Canal Division No. 1, Musabani.

(2.) The petitioner started the work and completed almost 70% of works. At that stage, the Chief Engineer, Planning, Monitoring and Ayojan, Water Resources Department requested the Chief Engineer, Swarnarekha Multipurpose Project, Icha-Galudih Complex, Adityapur, Jamshedpur that the agreement of the petitioner alongwith several contractors be cancelled and the same be intimated to the Department. The said order was issued mainly on the ground that the petitioner failed to complete the work within the allotted time and even within the extended time. The petitioner filed representations dated 9.6.2010 and dated 15.6.2010 stating, inter alia, that the delay was not intentional. There was delay as the materials were not supplied by the department and under the circumstance beyond the control of the petitioner.

(3.) The Executive Engineer had also informed the Superintending Engineer that the work could not be completed by the petitioner in time because of non-supply of materials by the Department. The other concerned departmental authorities also intimated about the non-supply of materials by the Department in time to the petitioner.