Amit Raj Vardhan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10048 of 2018 ====================================================== Amit Raj Vardhan S/o Late Raghubir Sharan Verma, Proprietor of Shree Madhubir Construction, 304 3rd Floor, Hem Plaza, Fraser Road, Patna800001. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Chairman cum Managing Director, Bihar Police Building Construction Corporation, Kautilya Nagar, 3.

The Chief Engineer, Bihar Police Building Construction Corporation, Kautilya Nagar, Patna.

4.

The Superintending Engineer, Bihar Police Building Construction Corporation, Kautilya Nagar, Patna.

5.

The Executive Engineer, Darbhanga Division, Bihar Police Building Construction Corporation, B.M.P.- 6.

The Chief Accounts Officer, Bihar Police Building Construction Corporation, Kautilya Nagar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Bhushan Verma, Advocate For the Respondent/s :

Md. N.H.Khan -Sc1 Md. Irshad, AC to SC1 For the B.P.B.C :

Mr. Parsoon Sinha, Advocate Mr. Prabhat Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 17-04-2023 In the instant petition, petitioner has prayed for the following relief(s):- "(i) For issuance of an nature of certiorari quashing the notice inviting tender no. 58/2017-18 published in daily Hindi news paper Hindustan on 15/03/2018 inviting tender of item no. 27 till 27/03/2018 & notice inviting tender

2/5 no. 02/2018-19 published in daily Hindi news paper Hindustan on 17/04/2018 inviting retender of item no. 26 to 30 for construction work of the same building for which contract no. 33F2 of 2011-12 and 35F2 of 2011-12 was signed by the petitioner and more than 80 to 85 percent work has already been completed but the final measurement and payment is not made as yet and also for quashing the item no. 20 & 21 published in the daily Hindi news paper Hindustan on 15/03/2018 and item no. 25 published in the daily news paper Hindustan on 17/04/2018 for which the extra work beyond the agreement was done by the petitioner after the order of appropriate authority but the final measurement and payment is not made as yet.

(ii) For issuance of an nature of mandamus commanding and directing the respondent to make payment with interest for construction work of new building of 6 U/S quarter 3 block and new building of 12 L/S quarter 3 block in Sheohar Police Line in the district of Sheohar by the Petitioner's firm namely Shree Madhubir Construction, for which contract no.

33F2 of 2011-12 and 35F2 of 2011-12 was signed by the petitioner and Executive Engineer and work order was issued by the Chief Engineer.

(iii) For issuance of an nature of mandamus commanding and directing the respondent to make payment with interest for extra work beyond the agreement which was done after the order of the then Chairman cum Managing Director, Chief Engineer and Superintending Engineer for sifting police force from Sheohar Jail Court

3/5 campus in light of the order of Hon'ble High Court passed in an another case in Sheohar Police Line in the district of Sheohar by the Petitioner's firm namely Shree Madhubir Construction.

(iv) For issuance of an nature of mandamus commanding and directing the respondent to allow and permit the petitioner to complete those semi completed work which measurement taken is not possible without compilation of work.

(v) For issuance of an nature of mandamus commanding and directing the respondent to allow and permit the petitioner to complete the rest due construction work of the contract no.

33F2 of 2011-12 and 35F2 of 2011-12 or make final measurement of the construction work in presence of the petitioner and also make payment for work executed by the Petitioner.

(vi) For issuance of an nature of mandamus commanding and directing the respondent to release the security money with interest which was deducted @ 5 percent in the head of security money at the time of part payment against the contract no. 33F2 of 2011-12 and 35F2 of 2011-12.

(vii) For issuance of an nature of certiorari quashing the cancellation order dated 08/03/2016 issued vide letter no. 546 and 547 under the signature of Sri Nandkeshwer Singh, the then Executive Engineer of Darbhanga Division, Bihar Police Building Construction Corporation, Darbhanga whereby and where under he has illegally cancelled the agreement

4/5 order of the petitioner.

(viii) For issuance of any other appropriate order/orders, direction/directions, relief/reliefs for which the petitioner may be deemed fit and proper in the facts and circumstances of the case."

2. Learned counsel for the petitioner submitted that first prayer does not survive for consideration. Insofar as second prayer and any other dispute, the petitioner was required to invoke Clause 23 of the Agreement.

5/5 decision shall be final conclusive and binding on all the parties."

3. Without exhausting such remedy, petitioner has rushed to this Court, therefore, the present writ petition stands disposed of, reserving liberty to the petitioner to invoke Clause 23 of the Agreement.

4. Pending I.A., if any, stands disposed of.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) abhishekkr/- U