The court dismissed the writ petition where the petitioner alleged irregular work and defects. The judge held that bills must be paid and defects rectified separately, directing vigilance complaints for alleged forgery.
The writ petition is disposed of; the petitioner is directed to pay bills and move the Vigilance Department for forgery allegations.
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W.P.(C) No. 15501 of 2019
Heard learned counsel for the petitioner and learned Additional Government Advocate for the State.
The grievance of the petitioner is that, the Opposite Party Nos. 10, 11 and 12 have done the work in a most irregular way and he is not liable to pay the Bills till the repair of the defect in the work is undertaken. Such an attitude by the petitioner is not in accordance with law. If the work has been done, Bill is to be paid and defect is to be rectified by special repair. The defect might have occurred due to lack of supervision. So far as the allegations of interpolation, forgery by the aforesaid private opposite parties are concerned. The petitioner, if so advised, may move the appropriate authority in the Vigilance Department not this Court.
With the aforesaid observation, the writ petition is disposed of.
Urgent certified copy of this order be granted as per rules.
………………………. C.R. Dash, J.
Balaram
2 issues framed by the court
Whether the petitioner is liable to pay bills despite alleged irregularities and defects in the work.
Whether allegations of interpolation or forgery by opposite parties warrant judicial inquiry in this Writ petition.
Petitioner
State
C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
