Disposed

M/S MD Zafar Ansari v. the State of Jharkhand Thro Its Pr Secretary Health Education and Family Welfare Department

Jharkhand HC13 Mar 2024WPC/988/2024

Case brief

AI extract

What is this about?

Petitioner sought refund of Rs. 1,55,000 deducted as security for construction work. Court disposed petition granting liberty to file representation with Principal Secretary to adjudicate return of funds within stipulated timelines if claim is genuine.

What did the court decide?

Petitioner to file representation before Respondent No. 1 with details of deducted security amount within two weeks for adjudication by Respondent No. 1.

M/S MD Zafar Ansari Vs the State of… — Contract and Commercial Disputes | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W. P. (C) No. 988 of 2024

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M/s. Md. Zafar Ansari

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Versus

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

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The Deputy Chief Secretary, Health, Education and Family Welfare Department, Govt. of Jharkhand, Ranchi

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The Secretary, Building Construction Department, Govt. of Jharkhand, Ranchi

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The Chief Engineer, Building Construction Department, Govt. of Jharkhand, Ranchi

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The Managing Director, Jharkhand State Building Construction Corporation Ltd., Govt. of Jharkhand, Ranchi

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The General Manager (Project) cum Executive Director, Jharkhand State Building Construction Nigam Ltd., Building Division, Building Construction Department, Govt. of Jharkhand, Ranchi

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The Executive Engineer cum Manager, Jharkhand State Building Construction Corporation Ltd., Building Division, Dumka

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The Executive Engineer, Jharkhand State Building Construction Corporation Ltd., Santhal Pargana, Dumka

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The Executive Engineer, Health and Family Welfare Department, Govt. of Jharkhand, Santhal Paragana Division, Dumka

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… … 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. Nand Kishore Pd. Sinha, Advocate For the Respondents-State : Mr. Ashwini Bhushan, AC to Sr. S. C. III For the Respondent nos. 5 to 8 : Ms. Khalida Haya Rashmi, Advocate

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3/13.03.2024 Heard Mr. Nand Kishore Prasad Sinha, learned counsel for the petitioner, learned AC to Sr. S. C. III for the State as well as Ms. Khalida Haya Rashmi, learned counsel for the respondent nos. 5 to 8.

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In this writ application, the petitioner has prayed for a direction upon the concerned respondents to pay the deducted security amount of Rs. 1,55,000/- along with statutory interest. The petitioner had earlier moved this court for similar relief in W.P.(C) No. 4405 of 2023 which however was withdrawn with a liberty to file a fresh application with better particulars.

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The petitioner was allotted the work for construction of H.S.C. Building at Litti, Boarijore, District Godda for which an agreement was entered into on 18.03.2015. It is the case of the petitioner that the work was completed within time and the building was handed over to the respondent no. 2. Since the security money amounting to Rs. 1,55,000/has not been returned to the petitioner, the petitioner has filed a representation before the respondent no. 5, but till date no payment has been made.

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Ms. Khalida Haya Rashmi, learned counsel for the respondent nos. 5 to 8 has submitted that prior to creation of the Jharkhand State Building Construction Corporation Ltd., the building work which was allotted to the petitioner was under the Department of Health, Education and Family Welfare and therefore, it is for the said department to consider the grievance of the petitioner.

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In view of the aforesaid facts, this writ application stands disposed of with a liberty to the petitioner to file a representation before the respondent no. 1 - Principal Secretary, Health, Education and Family Welfare Department, Ranchi stating in details his grievance along with the details of deducted security amount of Rs. 1,55,000/- within a period of two weeks from today and if such representation is preferred, the respondent no. 1 shall look into the matter and dispose of it by passing a speaking and reasoned order within a period of 6 weeks from the date of submission of such representation.

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It goes without saying that if the claim of the petitioner is found to be genuine, the respondent no. 1 shall ensure that the admissible dues are released in favour of the petitioner not later than 4 weeks from the date of disposal of the representation of the petitioner.

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(Rongon Mukhopadhyay, J)

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(Deepak Roshan, J.)

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R Shekhar Cp 2

M/S MD Zafar Ansari v. the State of Jharkhand Thro Its Pr Secretary Health Education and Family Welfare Department

Case brief

What is this about?

What did the court decide?

M/S MD Zafar Ansari v. the State of Jharkhand Thro Its Pr Secretary Health Education and Family Welfare Department

Case brief

What is this about?

What did the court decide?

What the court decided

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