Disposed

Ms Siyaram Enterprises through Its Proprietor Siyaram Rai v. the State of Jharkhand through the Pr Secretary Deptt of Drinking Water and Sanitation

Jharkhand HC2 Jul 2018WPC/2543/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of a writ petition seeking directions to release admitted dues owed to a contracting firm. The court allowed the petitioner to file a fresh representation before an Executive Engineer, directing a decision and payment within specified timelines.

What did the court decide?

The petitioner is granted liberty to file a fresh representation before Respondent No. 3 to release admitted dues within a stipulated timeline.

Ms Siyaram Enterprises through Its… — Public Procurement and Tenders | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 2543 of 2018

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M/S Siyaram Enterprises, Dhaiya, Dhanbad, through its proprietor Siyaram Rai

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….. Petitioner Versus

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The State of Jharkhand, through the Principal Secretary, Department of Drinking Water and Sanitation, Ranchi

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The Deputy Secretary, Department of Drinking Water and Sanitation, Ranchi

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The Engineer-in-Chief, Department of Drinking Water and Sanitation, Ranchi

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The Superintending Engineer, Department of Drinking Water and Sanitation, Dhanbad

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The Executive Engineer, Drinking Water and Sanitation Division No.1, Dhanbad

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The Executive Engineer, Drinking Water and Sanitation Division, Chas, Bokaro

….. Respondents

CORAM

HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioner: Ms. J. Mazumdar For the State: Mr. A.C to G.P-IV

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02/02.07.2018 The present writ petition has been filed for issuance of direction upon the respondents to release the admitted dues of the petitioner for carrying out construction and repair works in Drinking Water and Sanitation Division No.1, Dhanbad and Drinking Water and Sanitation Division, Chas, Bokaro during the period from 2008-09 to 2015-16.

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Learned counsel for the petitioner submits that the petitioner is a registered contractor of the Department of Drinking Water and Sanitation Department, Government of Jharkhand, who entered into different agreements with the authorized officers of the said department for carrying out construction and repair works in the concerned Divisions during the period from 2008-09 to 2015-16. Under the Right to Information Act, 2005 (Annexure-6 to the writ petition), the petitioner has obtained information, which disclosed the fact that an amount of Rs.23,87,723/- and Rs.2,41,014 /- is due to be paid to it for carrying out the work in question in Drinking Water and Sanitation Division No.1, Dhanbad and Drinking Water and Sanitation Division, Chas, Bokaro respectively. Despite the fact that the Executive Engineers of the respective Divisions have also admitted the aforesaid dues to be paid to the petitioner, the same has not been paid to it, except the part payment made to it earlier.

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Learned A.C to G.P-IV submits that if the petitioner prefers a fresh representation before the respondent No. 3 along with the supporting documents, the same will be considered and appropriate decision will be taken in this regard expeditiously.

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In view of the aforesaid submission made on behalf of the State, the petitioner is given liberty to prefer a fresh representation regarding its claim along with the supporting documents, before the respondent No. 3. On receipt of such representation, the respondent No. 3, after calling for the relevant records and providing due opportunity of hearing to the representative of the petitioner, shall take appropriate decision within a period of 12 weeks from the date of receipt of the said representation. If the claim of the petitioner is found genuine, the admitted payment shall be released in its favour within a period of four weeks thereafter.

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The present writ petition is accordingly disposed of with the aforesaid liberty and direction.

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(RAJESH SHANKAR, J)

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Satish/-

Ms Siyaram Enterprises through Its Proprietor Siyaram Rai v. the State of Jharkhand through the Pr Secretary Deptt of Drinking Water and Sanitation

Case brief

What is this about?

What did the court decide?

Ms Siyaram Enterprises through Its Proprietor Siyaram Rai v. the State of Jharkhand through the Pr Secretary Deptt of Drinking Water and Sanitation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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