MODI PROJECTS LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners in this batch of writ petitions are the contractors. They were allotted work for construction of residual earth work and P.C.C lining in different lots between KM 22.50 KM to KM 53.76 of Galudih Right Main Canal in Kharkai Link Canal Division, Musbani under the Subernrekha Multipurpose Project. Deeds of Agreements were executed between the petitioners and the State-respondent. Works to the extent of 60-65 % were executed as per the terms of the agreements. Suddenly the respondent took decision to rescind their agreements. The decision was communicated by the Chief Engineer, Project Monitoring and Planning, Water Resources Department to the Chief Engineer, Subernrekha Multipurpose Project, Adityapur by letter dated 5.5.2010 asking him to rescind the contract of the petitioners in terms of the agreement and to inform the department. In all the writ petitions, one of the prayers has been made for quashing the said order dated 5.5.2010. The petitioners have also prayed for quashing the subsequent order whereby the petitioners agreement was rescinded and the security money has been forfeited. The practitioners have further prayed for an order for closure of the contract agreementwithout any liability and for a direction to release all the securities of the petitioners taken in connection with their agreement. The petitioners have also alternatively prayed for a direction to allow them to complete the remaining work at the modified rate, which has now been offered to new tenderers.

(2.) In Contempt Case (Civil) No. 668/2011, the petitioner has sought for a suitable action / punishment against the respondents opposite parties for proceeding in the matter further by re-inviting e-Tender in spite of the interim order dated 15.6.2011 of this Court passed in W.P.(C) No. 2642/2010 for not taking any step prejudicial to the interest of the petitioner. Facts

(3.) A tender was floated by the Executive Engineer, Kharkai Link Canal Division, Musabani, District - East Singhbhum for construction of residual earth work and P.C.C lining of Galudih Right Main Canal within the KMs, as aforesaid.