M/S Genius Construction Laxmipur Andar Dhala Siwan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17160 of 2015 ====================================================== M/s Genius Construction Laxmipur Andar Dhala Siwan, through it Partner Vinay Kumar Pandey, S/o Mr. Bharat Pandey, Laxmipur Dhala, Siwan, P.S. and District - Siwan ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Chief Engineer, Water Resources Department, Siwan 3.

The Superintending Engineer, Flood Control Circle, Gopalganj 4.

The Executive Engineer, Flood Control Division, Siwan 5.

The Sub Divisional Officer Flood Control Sub - Division, Siwan 6.

The Junior Engineer, Flood Control Sub - Division, Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey, Advocate For the Respondent/s :

Mr.Sc11- Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 12-05-2023 Heard learned counsels for the parties.

2. In the instant petition, petitioner has prayed for following reliefs:- "(i) For issuance of writ in the nature of certiorari for quashing of the order issued vide memo no. 512 dated 28.02.2014 contained in Annexure-4 whereby and where under the Chief Engineer Water resource department, siwan (respondent no.

-2) rejected the petitioner's application dated 02.12.2013 without considering the reason for delay in completing the tender work.

Patna High Court CWJC No.17160 of 2015 dt.12-05-2023 2/3 (ii) Further to quash the order issued vide memo no.- 644 dated 7.7.2015 by the respondent no. 2 and communicated vide memo no 594 dated 9.7.2015 (Annexure-6) by the Executive Engineer (respondent no-4) whereby and whereunder the application dt. 5.7.14 of the petitioner for reconsideration was rejected again on the same ground.

(iii) Further for issuance of writ in the nature of mandamus commanding/directing the respondent to pray the remaining amount i.e. 10% of the estimated rest Rs. 346.309 lacs i.e. Rs. 25,00,000 (approx) to the petitioner as the work allotted to the petitioner during the time and extended time approved by the Executive Engineer as well as the superintending Engineer.

(iv) And further for any other relief/reliefs for which the petitioner is entitled to."

3. Even though the petitioner has assailed the communication of rejecting extension of time to execute the work, however, department has permitted the petitioner to execute and complete the work. Then what remains is insofar as certain dues to be paid by the concerned respondent to the petitioner. In this regard, petitioner is hereby directed to file a detailed representation to the concerned authority. The concerned authority may examine, if legally petitioner is entitled such dues shall be settled. If petitioner is still not satisfied in that event petitioner is at liberty to invoke appropriate remedy in filing civil suit or arbitration whichever

Patna High Court CWJC No.17160 of 2015 dt.12-05-2023 3/3 remedy is available to the petitioner.

4. Accordingly, the present petition stands disposed of.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) rakhi/- AFR/NAFR NAFR CAV DATE N.A.

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