Allowed

Dasarathi Swain v. Collector,Puri

Orissa HC19 Oct 2016WP(C)/17060/2014

Case brief

AI extract

What is this about?

In a writ petition challenging the entrustment of road construction work without a Palli Sabha, the Court held that while such action is irregular, the contractor cannot be penalized for completion. The Court directed the authorities to conduct an inquiry into work completion and quality and pay the contractor's dues within three months.

What did the court decide?

The application was disposed of. Dues to the contractor were to be paid after an enquiry into completion and quality of work within three months.

The petitioners have challenged entrustment of work to Opp. Party No.7 without any decision in the Palli Sabha and the work is, construction of C.C. Road from Damodar Nayak house to Banamali Swain house of village Palabasta under Abadan Grama Panchayat in the distri ct of Puri. Learned counsel for the petitioners submits that, without holding any Palli Sabha, the work order was issued in favour of the Opp. Party No.7 by the B.D.O., Kakatpur (Opp. Part y No.3).

From the materials available, it is found that the B.D.O., Kakatpur had done s o on the basis of the Resolution passed by the Village Committee. When the matter was brought to the notice of the B.D.O., Kakatpur that, no Palli Sabha had, in fact, been conducted, on 07 .08.2014, the B.D.O. issued instruction to Opp. Party No.7 vide Annexure- 4 to stop the work until further orders.

Mr. Samir Kumar Mishra, learned counsel for the Opp. Party No.7 submits that, in fact, the work order was issued in favour of the Opp. Party No.7 on 15.02.2014 to complete the work within two months and the Opp. Party No.7, after completion of the work, had written a letter to the B.D.O., Kakatpur on 18.08.2014 indicating therein about completion of work and requesting for payment of his dues.

So far as democracy at the grass root level is concerned, undertaking of any w ork without Palli Sabha is necessarily an irregularity. But when the work has been entrusted t o a third person and the third person has already undertaken the work, he should not be penali zed for such a lapse. The concerned B.D.O. should verify personally whether any Palli Sabha ha s been conducted before entrustment of any work, though they are also authorized to entrust th e work departmentally, when the Palli Sabha becomes an impossibility.

In the present case, before the work was stopped by the B.D.O. vide Annexure 4, the work had already been completed by Opp. Party No.7, though such fact is disputed by lea rned counsel for the petitioner.

In view of such fact, the dues of the Opp. Party No.7 be paid after causing an enquiry regarding completion of work by the Opp. Party No.7 within the time stipulated. The q uality of work undertaken should also be taken into consideration, keeping in mind the fact th at the work already undertaken has suffered Sun and Rain for two years in the meantime. The en tire exercise be completed within three months from the date of receipt of a certified copy of this order.

Dasarathi Swain v. Collector,Puri

Case brief

What is this about?

What did the court decide?

Dasarathi Swain v. Collector,Puri

Case brief

What is this about?

What did the court decide?

What the court decided

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