M/S K.D. Infraengicon Private Limited through Its Director Manzar Imam Khan Vs the Secretary, Department of Road Construction

2026:JHHC:2883

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.625 of 2026

M/s K. D. Infraengicon Private Limited having its head office at 110-B Block, Dhatkidhi, Bishtupur, Jamshedpur, P.O. & P.S. Bistupur, District East Singhbhum through its Director Manzar Imam Khan, aged about 64 years, S/O Md. Quiyamuddin Khan, Resident of H. No. 110, Block, Line No. 10, Dhatkidih, Behind Community Centre, Jamshedpur, P.O & P.S Bistupur, District East Singhbhum, Jharkhand. …… Petitioner

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Versus

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The Secretary, Department of Road Construction, Project Bhawan, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand

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The Chief Engineer, Department of Road Construction, NH Division, Project Bhawan, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand

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The Executive Engineer, Department of Road Construction, NH Division, Gumla, P.O., P.S. & District Gumla, Jharkhand

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The Dispute Review Expert CE (NH), Road Construction Department, Government of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand

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The Director General (Road Development) & special Secretary, Ministry of Road, Transport & Highways, Government of India, Transport Bhawan, I, Parliament Street, P.O & P.S Connaught Place, District New Delhi, Delhi.

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The Executive Engineer, Road Development & special Secretary, Ministry of Road, Transport & Highways, Government of India, Transport Bhawan, I, Parliament Street, P.O & P.S Connaught Place, District New Delhi, Delhi. …... Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Rishu Ranjan, Advocate For the Resp.-State : Mr. M. K. Dubey, AC to AG --------

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02/Dated: 04th February, 2026

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1. Heard learned counsel for the parties.

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2. The present writ petition has been filed for the following reliefs :-

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“ (a) for issuance of an appropriate writ(s)/

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- 1 - W.P.(C) No.625 of 2026

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2026:JHHC:2883

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order(s)/ direction(s) nature of mandamus commanding upon the respondents especially respondent no.5 to show cause as to how and under circumstances the concerned respondent has not accorded approval for letter contained in memo no. CE/NH/Misc-85/17 dated 10.09.2017 (Annexure-9) in spite of the fact that the decision has already been taken by Dispute Review Expert vide order dated 29.11.2016 (Annexure-7).

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(b) for issuance of an appropriate writ(s)/ order(s)/ direction(s) nature of mandamus commanding upon the respondents especially respondent no.5 to grant approval to letter contained in memo no.CE/NH/Misc-85/17 dated 10.09.2017 (Annexure-9) whereby and whereunder the Dispute Review Expert had after hearing the parties had allowed 2 claims out of total 11 claims and was further pleased to submit proposal to respondent no. 5 for approval of revised cost estimate for overall work value including price adjustment to the tune of Rs.1317.625 lakhs vide letter contained in memo no.CE/NH/Misc-85/17 dated 10.09.2017 (Annexure9).

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(c) for issuance of an appropriate writ(s)/ order(s)/ direction(s) nature of mandamus commanding upon the respondents to pay interest on delayed payment as it has categorically been held by the dispute review expert in claim no.10 that the delay is not attributable to the contractor”

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3. Earlier also, there was litigation and for which a writ petition being W.P.(C) No.2416 of 2009 was filed. The order dated 19.04.2024, passed in Contempt Case (Civil) No. 412 of 2017, arising out of the said writ petition, is quoted hereinbelow :-

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“ The present contempt petition has been filed for initiating a contempt proceeding against the contemnors/opposite parties alleging wilful disobedience of order dated 23.09.2015 passed in W.P.(C) No. 2416 of 2009.

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2026:JHHC:2883

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2. Mrs. Nirupama, AC to Sr. SC-II appearing on behalf of the opposite party no. 2, submits that on 15.02.2024, she inadvertently could not point out to the Court that the opposite party no.2 had already decided the dispute on 29.11.2016 (part of Annexure-D to the show cause affidavit dated 12.04.2023 filed on behalf of the said opposite party).

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3. Having heard learned counsel for the parties and considering the decision of the opposite party no.2 taken on 29.11.2016 (part of Annexure-D to the show cause affidavit dated 12.04.2023), this Court is of the view that no case of contempt is made out against the opposite party no. 2. The contempt proceeding as against the opposite party no. 2 is hereby dropped.

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4. The contempt petition is accordingly disposed of. ”

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4. Thus, the cause of action has arisen in the year 2016 itself. The limitation for any commercial transaction is of three years.

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5. Thus, the present claim of the petitioner is hopelessly barred by the law of limitation.

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6. In that view of the matter, I am not inclined to entertain the present writ petition. Accordingly, the same is, hereby, dismissed.

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7. Pending interlocutory application, if any, stands disposed of.

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(Rajesh Kumar, J.)

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04^th February, 2026 Ravi-Chandan/Uploaded on 05.02.2026

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M/S K.D. Infraengicon Private Limited through Its Director Manzar Imam Khan v. the Secretary, Department of Road Construction

Case brief

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M/S K.D. Infraengicon Private Limited through Its Director Manzar Imam Khan v. the Secretary, Department of Road Construction

Case brief

What is this about?

What did the court decide?

What the court decided

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