Kiranlaxmi Infra Projects v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 24965 of 2022 Kiranlaxmi Infra Projects .....

Petitioner Mr. B.K. Biswal, Advocate Vs.

State of Odisha and others .....

Opposite Parties Mr. J. Patnaik, GA

CORAM:

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

ORDER

29.09.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard Mr. B.K. Biswal, learned counsel for the petitioner and Mr. J.P. Patnaik, learned Government Advocate for the State. 3.

The petitioner has filed this writ petition seeking to quash the rescission proposal of contract vide Annexure-15 and its approval under Annexure-16 in respect of the work "Construction of bridge over Dubdubi Nallha on Lankudi to Kasfala-Gahamgadia, via-Sahu Chhaka/ Ferry Ghat Road in the district of Balasore for the year 2017-18 vide Divisional Agreement No.154 PI of 2017-18" and the subsequent action of Opposite Party No.4 inviting tender for the said work vide Annexure-19.

4.

Mr. B.K. Biswal, learned counsel for the petitioner contended that at the fag end of the contract period, there is recession of the contract, when a small portion of the work is remaining, for which the petitioner has approached this Court in the present writ petition.

5.

Mr. J.P. Patnaik, learned Government Advocate on instruction, contended that similar matters are under active consideration and vide order dated 22.09.2022, the Government of Odisha, Department of Rural Development has issued an office order by constituting a committee which is in seisin of the matter and such 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 an observation that let the committee examine the case of the petitioner with reference to its representation dated 16.09.2022 under Annexure-22 and pass appropriate order in accordance with law as early as possible, preferably within a period of four weeks from the date of communication of the order.

7.

Issue urgent certified copy as per rules.

Arun/Kishore (DR. B.R. SARANGI) JUDGE (G. SATAPATHY) JUDGE