M/S. H.K.Rout And Partner, Cuttack v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No.20048 of 2022 M/s. H.K. Rout and Partner, Cuttack .....

Petitioner Mr. S.K. Dalai. Advocate Vs.

State of Odisha and other .....

Opposite Parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE G. SATAPATHY

ORDER

29.09.2022 Order No.

04.

This matter is taken up through hybrid mode.

2.

Heard Mr. S.K. Dalai, learned counsel for the petitioner and Mr. P.P. Mohanty, learned Additional Government Advocate for the State-opposite parties.

3.

The petitioner files application seeking to quash the order dated 14.07.2022 under Annexure-9 series, the proceeding of review meeting dated 06.07.2022 more especially the decision taken at serial No.103 in respect of the work for construction of "HL Bridge over River Pailo (Dhudhua), Nallah at 3/900 Km. on Balipada-Gopalpur in the district of Cuttack under BSY" and further to quash the letter dated 22.07.2022 re-submission of recession proposal under Annexure-8 and further to issue direction to allow the petitioner to complete the work in providing approved plan and in extending further EOT as per the terms of contract to secure ends of justice.

4.

Mr. S.K. Dalai, learned counsel for the petitioner contended that the petitioner has undertaken the work, but at the fag end of the work the decision was taken for closer of the work, which is in gross violation of principles of natural justice.

5.

Mr. P.P. Mohanty, learned Additional Government Advocate appearing for the State-opposite parties contended that as a matter of principle the Government of Odisha, Department of Rural Development has issued an office order on 22.09.2022 by constituting a committee which is in seisin of the matter and the said committee will take a decision with regard to such type of cases.

6.

Having heard learned counsel for the parties and after going through the record, this Court, without expressing any opinion on the merits of the case, disposes of the writ petition with a direction to the petitioner to file a fresh representation before the Committee agitating his grievances, as have been agitated in this writ petition, within a period of seven days. In the event the petitioner files a fresh representation, the Committee shall consider and dispose of the same by passing an appropriate order in accordance with law, after giving opportunity of hearing to the petitioner, as early as possible, preferably within a period of four weeks from the date of communication of the order. Needless to say, at the time of hearing, the Committee shall take up the matter on day to day basis so that the work will not hamper and it will be completed the work within the time granted.

7.

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

8.

Issue urgent certified copy as per rules.

Alok/Subhasmita (DR. B.R. SARANGI) JUDGE (G. SATAPATHY) JUDGE