Disposed

Ms Chandra Construction Through Its Proprietor Kameshwar Prasad Yadav v. The Union Of India Through Ministry Of Road Transport Andhighways And Ors.

Jharkhand HC16 Jul 2019WPC/1900/2016

Case brief

AI extract

What is this about?

In this writ petition, the Court directed the Regional Officer of the Ministry of Road Transport & Highways to decide on a pending variation estimate proposal regarding a construction work payment within a specific timeframe.

What did the court decide?

Directing the Regional Officer, Ministry of Road Transport & Highways to take decision upon the variation proposal within eight weeks of the date of receipt/production of a copy of this order.

Ms Chandra Construction Through Its… — Contract and Commercial Disputes | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P. (C) No. 1900 of 2016

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M/s Chandra Construction, through its Proprietor Kameshwar Prasad Yadav

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… … Petitioner

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-V e r s u s-

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1.The Union of India through Ministry of Road Transport & Highways, Government of India, New Delhi.

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2.The Regional Officer, Ministry of Road Transport & Hi-ways, Government of India, Ranchi.

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3.The State of Jharkhand through the Principal Secretary, Rural works Division, Govt. of Jharkhand, Ranchi.

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4.The Chief Engineer, National Hi-way Wing, RCD, Ranchi-834004.

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5.The Superintending Engineer, National Hi-way Circle, Ranchi.

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6.The Executive Engineer, National Hi-way Division, RCD, Palamu.

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… Respondents.

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CORAM: - HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner : - M/s. Sumeet Gadodia, Sneh and Vinamra Agarwal, Advocates. For the Resp. Nos. 1 and 2:- Mr. Madan Prasad, C.G.C.

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For the Respondent-State :- Mr.Shivam Utkarsh Sahay, A.C. to S.C. II.

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08/16.07.2019 This writ petition is under Article 226 of the Constitution of India, whereby and whereunder direction has been sought for to sanction the variation estimate for the financial closure of the scheme and to make final payment i.e. the revised cost of Rs.4,63,80,605.00/in pursuance to the agreement No.01F2 of 2008-09 dated 10.04.2008 and 18F2 of 2009-10 dated 25.02.2010 and after completion of the work, the work completion certificate has been issued by the concerned Executive Engineer on 16.02.2013, but could not have been paid due to some variation in the amount incurred in the execution of the aforesaid order.

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Counter affidavit has been filed by the Respondent nos. 1 and 2 i.e. the Regional Officer, Ministry of Road, Transport and Highways, Government of India wherein, at paragraph 42, the averment has been made that the variation proposal sent vide letter no. 440, dated 18.09.2015 has been returned by the Regional office, Ranchi before the competent authority of the State Government, since they have found some error. Subsequent to the said action, taken on the part of the Respondent nos. 1 and 2, the State Government has revised the estimate amounting to Rs.4,63,80,605.00/- including the variation amount of Rs.14,81,206/- and re-sent it before the Regional Officer, MORTH,

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Ranchi vide the Chief Engineer’s letter no. 503 (WE) dated 05.07.2018 for approval.

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Mr. Sumeet Gadodia, learned counsel appearing for the petitioner has submitted that the said Revision made in the amount is lying pending for its approval before the competent office of the Regional Officer, MORTH, Ranchi from 07.08.2018 and as yet, no decision has been taken, therefore, the appropriate direction has been sought to be passed by this Court, therefore, the instant writ petition has been filed under Article 226 of the Constitution of India.

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Mr. Madan Prasad, learned C.G.C. appearing for the Respondent nos. 1 and 2 after going across the stand taken by the State Respondent in the counter affidavit, more particularly at paragraph 10 submits that since the matter is lying pending before the competent authority, therefore, the decision is being taken without any further delay.

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Having heard the learned counsel for the respective parties and looking to the stand taken by the respondents in the counter affidavit, wherefrom, it is evident, more particularly from statement made by the Respondent nos. 1 and 2 at paragraph 42 that having proposal of variation in the amount incurred in execution of the work has been returned before the competent local authority i.e. the office of the Regional officer after receiving the estimate amount has sent the same before the competent authority for its approval vide letter no. 503 (WE) dated 05.07.2018, as would appear from paragraph 10 to the counter affidavit filed on behalf of the Respondent nos. 3 to 6, therefore, this Court is of the view that since now the matter is about the approval of the aforesaid amount, which is lying pending before the Respondent No. 2, deem it fit and proper to direct the Regional Officer, Ministry of Road, Transport and Highways, Government of India (Respondent No. 2) to take decision upon the said proposal within a period of eight weeks from the date of receipt/production of a copy of the order on its own merit.

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This writ petition stands disposed of, accordingly.

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(Sujit Narayan Prasad, J.)

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APK

Ms Chandra Construction Through Its Proprietor Kameshwar Prasad Yadav v. The Union Of India Through Ministry Of Road Transport Andhighways And Ors.

Case brief

What is this about?

What did the court decide?

Ms Chandra Construction Through Its Proprietor Kameshwar Prasad Yadav v. The Union Of India Through Ministry Of Road Transport Andhighways And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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