DRUPAD CONSTRUCTION PVT.LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD JC to Mrs. Ritu Kumar, learned counsel for the petitioner and JC to AG for the respondent State.

(2.) THE petitioner in this writ application has prayed for quashing the letter no. 583 dated 6.7.2007 (Annexure -5) issued by the respondent Executive Engineer, Building Division, Godda by which, the Agreement No. 27 F 2/05 -06 entered into between the petitioner and the respondent authorities has been cancelled. A further prayer has been made to direct the respondents to allow the petitioner to complete the work in pursuance of the aforesaid Agreement on the ground, that the petitioner has already executed the part of the work order.

(3.) IT appears from the averments made in the counter -affidavit of the respondents, that subsequently, the scheme under which the hundred bed hospital was to be constructed, was itself withdrawn by the State Health Department and the funds allocated for the construction of the earlier proposed hundred bed hospital, was also recalled by the Health Department. Consequently, the impugned notice was issued by the respondent authorities of the Building Construction Department, intimating the petitioner that the scheme under which the work was allotted to him, having been recalled, construction cannot be pursued any further. It also appears from the counter - affidavit of the respondents that payment towards the work which was already executed by the petitioner was duly made to him.