Disposed

M/S Dipanshu Promoter and Builders Pvt. Ltd. through Its Director Namely Vikas Kumar Sanehi v. the State of Jharkhand through Its Principal Secretary Deptt of Higher Technical Education

Jharkhand HC8 Apr 2024WPC/4933/2022

Case brief

AI extract

What is this about?

Contractor completed construction of a Government Women's Engineering College and sought handover acceptance and release of dues including pending bills and maintenance cost. The court disposed of the writ petition directing the petitioner to file a fresh representation and the Principal Secretary to pass a reasoned order within four weeks, releasing admissible dues if genuine.

What the court decided

AI extract

M/S Dipanshu Promoter and Builders Pvt… — Public Procurement and Tenders | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (C) No. 4933 of 2022

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M/s Dipanshu Promoter and Builders Pvt. Ltd., Vatika Apartment, Line Tank Road, through its Director namely Vikas Kumar Sanehi, District-Ranchi

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...Petitioner

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Versus

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The State of Jharkhand through its Principal Secretary, Department of Higher, Technical Education and Skill Development, Govt. of Jharkhand, Ranchi.

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The Director, Department of Technical Education, Govt. of Jharkhand, Ranchi.

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The Joint Secretary, Department of Higher, Technical Education and Skill Development, Govt. of Jharkhand, Ranchi.

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The NBCC (India) Ltd., through its Chairman-cum-Managing Director, at NBCC Bhawan, Lodhi Road, New Delhi.

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The Senior Executive Director, Head Office,

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NBCC (India) Ltd., at NBCC Bhawan, Lodhi Road, New Delhi.

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The Chief General Manager (Engg.), NBCC (India) Ltd., Ranchi

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The General Manager (Engg.), NBCC (India) Ltd., Ranchi ...Respondents

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CORAM: Hon’ble Mr. Justice Rongon Mukhopadhyay Hon’ble Mr. Justice Deepak Roshan

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For the Petitioner : Mr. Rahul Kumar, Advocate For the Respondents : Mr. Mohan Kumar Dubey, A.C. to A.G.

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05/08.04.2024 Heard Mr. Rahul Kumar, learned counsel for the petitioner and

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Mr. Mohan Kumar Dubey, learned A.C. to A.G.

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In this instant writ application, the petitioner has prayed for a direction upon the respondents to accept the handover of the Institutional Buildings, Hostels, Staff Quarters and other facilities for proposed Government Women’s Engineering College, Gola, Ramgarh, which has already been constructed and a completion certificate to that effect has been issued on 15.02.2020. The petitioner has also prayed for a direction upon the respondents to release the maintenance cost of the buildings which has been incurred by the petitioner as well as the balance amount of Rs. 73,14,216.74/against the final bill of Package-I and Package-II.

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Briefly stated the facts reveal that the petitioner is a registered Contractor, who had participated in the tender process for construction of Institutional Building (Package-I) and Hostels, Staff Quarters and other

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facilities (Package-II) of Government Women’s Engineering College, Gola Ramgarh. An agreement to that effect was executed between the petitioner and National Buildings Construction Corporation on 27.05.2016. The petitioner being awarded the work, had successfully completed Package-I and Package-II and raised his bills. It has been submitted by Mr. Rahul Kumar, learned counsel for the petitioner that so far as the prayer for handing over of the building is concerned, the same has already been redressed. He has further stated that the dues arising out of the pending bills, the maintenance cost of the buildings as well as security deposit have not yet been released in favour of the petitioner. The petitioner has represented the authorities for redressal of his grievance, but the same has not yet been acted upon.

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In view of the aforesaid facts, this instant writ application stands disposed of with liberty to the petitioner to file a fresh representation before the respondent no.1 along with all supporting documents within a period of three weeks from today and if such representation is preferred, the respondent no. 1, who shall look into the same and pass a reasoned and speaking order within a period of four weeks from the date of receipt of the representation. It goes without saying that if the grievance of the petitioner is found to be genuine, the admissible dues shall be released in favour of the petitioner within a period of four weeks from the date of disposal of the representation.

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Accordingly, this writ application stands disposed of.

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( Rongon Mukhopadhyay, J.)

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(Deepak Roshan, J.)

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M/S Dipanshu Promoter and Builders Pvt. Ltd. through Its Director Namely Vikas Kumar Sanehi v. the State of Jharkhand through Its Principal Secretary Deptt of Higher Technical Education

Case brief

What is this about?

What the court decided

M/S Dipanshu Promoter and Builders Pvt. Ltd. through Its Director Namely Vikas Kumar Sanehi v. the State of Jharkhand through Its Principal Secretary Deptt of Higher Technical Education

Case brief

What is this about?

What the court decided

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Coram

Case details

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