UJJWAL KUMAR SINHA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Petitioner has approached this Court with a prayer to direct the respondents to forthwith determine Agreement No. 10F2-2007-08, entered into with the respondents for execution of repair and maintenance of a road Kharka to Kotang via Patgachha having a stretch of 4 Kms. The petitioner was successful in the NIT and was allotted the work vide letter no. 201 dated 20th February, 2008. He was under stipulation to complete the work by 25th March, 2008. Petitioner has, however, made representations before the respondents raising issues relating to non-completion of the work for reasons beyond his control such as non-payment of running bills due to nonavailability of funds; non-availability of raw materials and attack by Maoist Extremists in the area where the work was being executed. Since the respondents department failed to act as per the request made, petitioner has been compelled to move this Court.

(3.) As per the stand of the respondent State brought on record through an affidavit filed by respondent no. 4, petitioner has not raised any such issues regarding payment of advance bill and supply of material before the Executive Engineer, Rural Engineering Organization (Works) Division, Gumla. Reference has been made to the various clauses of the agreement in that regard. Counsel for the respondents further submits that repeated extensions were also granted to the petitioner to complete the work.