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Orissa High CourtWP(C)/8770/2022disposed off

Sushant Das v. Govt. Of Odisha

2022-04-07Dr. Justice B.R.Sarangi,Miss Justice Savitri Ratho2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 8770 of 2022 Sushant Das .....

Petitioner Miss. E. Agarwal, Advocate Vs.

Government of Odisha and another .....

Opposite Parties Mr. P.P. Mohanty, AGA

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

07.04.2022 Order No.

01.

This matter is taken up through hybrid mode.

2. Since the petitioner's claim for disbursement/release of amount in relation to the work order for construction of AWC Building at Balbant Singh Hutting in Ward No. 8 under Joda Municipality has not been entertained, he has approached this Court in the present writ petition.

3.

Miss. Agarwal, learned counsel for the petitioner contended that though the petitioner has completed 85% of work, the bill for such work has not been released in his favour. 4.

Mr. P.P. Mohanty, learned Additional Government Advocate contended that if the petitioner has executed some work pursuant to the work order, the same has to be assessed and payment has to be made as per the agreement.

5.

Having heard learned counsel for the parties and after going through the record, it appears that the petitioner was entered with an agreement with the opposite parties for construction of AWC building at Balbant Singh Hutting in Ward No.8 under Joda

Municipality. Pursuant to which, the petitioner has undertaken the work. In terms of the conditions stipulated in the agreement/work order, the petitioner is entitled to get the legitimate claim. If he has already completed 85% of the work, it is the authority to decide the same and release the bill in terms of the agreement. 6.

In view of the above, the writ petition stands disposed of giving liberty to the petitioner to pursue his remedy before the appropriate authority in terms of the agreement/tender call notice. 7.

With the above observation, the writ petition stands disposed of.

Arun/ Bichi (DR. B.R. SARANGI) JUDGE (SAVITRI RATHO) JUDGE