R. K. Transport And Construction Pvt. Ltd. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 954 of 2016 R. K. Transport & Construction Pvt. Ltd. Reg.No.015609, Through Its Director, Mr. Amar Agrawal, S/o Shri Satyanarayan Singhal, Aged About 48 Years, Having Its Head Office At 65-A, Transport Nagar, Korba- 495677, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. Chief Engineer, Public Works Department, Raigarh Division Raigarh, Chhattisgarh

3. Superintendent Engineer, Public Works Department, Bilaspur Division, Bilaspur, Chhattisgarh

4. Executive Engineer, Public Works Department, Bilaspur Division, Bilaspur, Chhattisgarh ---- Respondents For Applicant :

Mr. Vivek Chopda, Advocate For State :

Mr. D.R. Minj, Dy. G.A., on advance copy Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Shri Justice Goutam Bhaduri Order on Board 03/02/2017 Heard.

1.

This is an application for condonation of delay in filing present application for modification.

2.

Having perused the grounds raised in the application, we are satisfied that just and sufficient cause have not referring the application within limitation. Delay in filing the application is, therefore, condoned. 3.

Learned counsel for the applicant submitted that this Court clearly held that in the absence of any show cause notice before effecting recovery from subsequent contract, the order of recovery is not

-2sustainable. However, the communication dated 24.06.2014 which mentioned that recovery has already been made, does not find place in the order. Therefore, only to that extent, appropriate modification may be made.

4.

Learned State counsel could not dispute that this Court vide order dated 01.12.2014 held recovery to be bad in law on the ground that before recovery, the petitioner was not given any opportunity of hearing. 5.

In view of the aforesaid submissions made by learned counsel for the parties, we find that the application has made out a case for modification of the order passed earlier on 01.12.2014. We accordingly clarify and modify that the order in effect declares recovery illegal and therefore, it will also have the effect of nullifying the recovery proceedings and consequent communication dated 24.06.2014. 6.

With the said modification/clarification, this MCC is disposed off. 7.

The applicant shall place a copy of this order for due compliance before the concerned authority.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Goutam Bhaduri) Judge Judge Rekha