V.R. CONSTRUCTION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder prayer has been made to quash the decision of the authorities, as contained in Memo No. 307 dated 12.03.2013 (Annexure 11), issued by the Executive Engineer, Rural Works Department, Works Division, Latehar by which the Agreement Nos. LAT- 03/2008-09, LAT-06/2009-10 and LAT-08/2009-10 for the Package Nos. JH 1404, JH 1403 and JH 1407, have been rescinded with a decision to forfeit the security money deposited by the petitioner in terms of the aforesaid agreements.

(2.) Learned counsel for the petitioner has submitted, by referring to order dated 22.10.2019 passed by this Court in I.A. No. 913 of 2017, that work has already been completed by other contractor.

(3.) Learned counsel appearing for the respondents-State has submitted by referring to the stand taken in the counter affidavit that conscious decision has been taken by the respondents-authorities for forfeiture of the earnest money by rescinding the agreements and, therefore, the only claim left for its adjudication pertains to the legality and propriety of the decision taken by the respondents-authorities in forfeiting the earnest money.