Disposed

Ms M a Enterprises through Minhas Asghar Ansari v. State of Jharkhand Thr Pr Secretary Health Medical Education and Family Welfare Deptt and Ors.

Jharkhand HC19 Jul 2018WPC/447/2018

Case brief

AI extract

What is this about?

This order grants liberty to the petitioner to file a fresh representation for release of remaining dues towards building construction work.

What did the court decide?

Petitioner granted liberty to file fresh representation; respondent to decide within four months and release amount within two months if claim legitimate.

What the court decided

Ms M a Enterprises through Minhas Asghar Ansari Vs… — Specific Performance | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No.-447 of 2018

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M/s. M.A. Enterprises, through Minhaj Asghar Ansari, son of Md. Ali, resident of Mango, Jamshedpur …Petitioner

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-V e r s u s-

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The State of Jharkhand through Principal Secretary, Health, Medical Education and Family Welfare Department, Government of Jharkhand, Ranchi

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The Principal Secretary, Building Construction Department, Government of Jharkhand, Ranchi

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The Managing Director, Jharkhand Building Construction Corporation, Government of Jhakhand, Ranchi

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The Chief Engineer, Health, Medical Education and Family Welfare Department, Ranchi

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The Chief Engineer, Building Construction Department, Ranchi

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The Executive Engineer, Building Construction Department, Chaibasa, District- West Singhbhum

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The Executive Engineer, Kolhan Division, Chaibasa, Health, Medical Education and Family Welfare Department, Chaibasa, District- West Singhbhum …. Respondents

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CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner :- Mr. Prem Pujari Roy, Advocate For the Respondents :- Mr. Suman Kumar Ghosh, A.C. to G.A.

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Order No.-04 Dated: 19.07.2018

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The present writ petition has been filed for directing the respondents to forthwith make payment of remaining admitted dues to the tune of Rs.15,25,081/- to the petitioner for construction of “ 68 Bed Nurses Quarter of MGM Medical College Hospital” at Jamshedpur.

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Learned counsel for the petitioner submits that the petitioner was issued the work order for executing the aforesaid work under the signature of the Chief Engineer, Department of Health, Medical Education and Family Welfare, Jharkhand, Namkum, Ranchi (respondent no. 4) dated 20.05.2013 (Annexure-1 to the writ petition). Pursuant to the said work order, the petitioner completed the work to the satisfaction of the authorities and was paid Rs. 46,66,200/-. However, in course of execution of the said work, there had been price escalation and the cost of construction went up to Rs.66,02,400/-. The respondent no. 4, vide letter contained in memo no. 1464 dated 31.12.2013 (Annexure-2 to the writ petition) requested the Deputy Secretary, Health, Medical Education and Family Welfare, Namkum

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Ranchi for administrative approval of the estimated amount of Rs.66,02,400/- i.e. for an additional amount of Rs.19,36,200/-. Learned counsel for the petitioner further submits that the said amount of Rs.19,36,200/- also includes the applicable taxes, however the petitioner’s claim as per the estimated value of the work comes to Rs.15,25,081/-. The petitioner has represented the respondent authorities for releasing the aforesaid payment, however till date, no step has been taken in this regard. Learned counsel for the petitioner also submits that as per information, the payment has not been released due to paucity of fund.

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Learned A.C. to G.A. appearing for the State submits that if the petitioner files fresh representation before the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Ranchi (respondent no.1), an appropriate decision would be taken. It is further submitted that the said amount has not been paid to the petitioner primarily due to the reason that the administrative approval has not yet been granted.

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In view of the said submission of the learned counsel for the respondent State, the petitioner is given liberty to file fresh representation before the respondent no. 1 setting out its claim in detail with supporting documents. On receipt of the said representation, the respondent no. 1, after calling for the relevant records from the concerned department, shall pass appropriate order in this regard within a period of four months from the date of receipt of the said representation. If it is found that the claim of the petitioner is legitimate, the admitted amount shall be released in its favour within a period of two months thereafter.

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

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(Rajesh Shankar, J.)

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Ritesh

Ms M a Enterprises through Minhas Asghar Ansari v. State of Jharkhand Thr Pr Secretary Health Medical Education and Family Welfare Deptt and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Ms M a Enterprises through Minhas Asghar Ansari v. State of Jharkhand Thr Pr Secretary Health Medical Education and Family Welfare Deptt and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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