Vacation Bench directed opposite parties to consider pending representations regarding waiver of penalty for bridge work closure within four weeks after hearing the petitioner.
Directions to opposite parties to dispose of pending representations within four weeks after hearing the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14650 of 2022
Pradip Kumar Pradhan …. Petitioner
Mr. Sukanta Kumar Dalai, Advocate
-versus-
State of Odisha and …. others
Opp. Parties
Mr.D.K. Mohanty, Additional Government Advocate
CORAM: JUSTICE S.K. SAHOO JUSTICE M.S. RAMAN ORDER Order No. 10.06.2022 01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Order No.
Heard learned counsel for the Petitioner and learned Additional Government Advocate.
This writ petition has been filed by the Petitioner with the following prayer:-
“It is therefore prayed that this Hon’ble Court may graciously be pleased to admit the writ petition and issue notice to the Opposite Parties and call for records and upon hearing them directing the Opposite Parties more specifically Opposite Party No. 3 i.e. Superintending Engineer, Rural Works Division-I, Malkangiri for closure of contract in waiving penalty thereof for the work of “HL Bridge over Local Nallah on Ravanguda-
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Kacheli Road under BSY in the district of Malkangiri” vide Divsional Agreement No. 25F2/17-18/E.E to secure ends of justice.” Learned counsel for the Petitioner submits that the
representations dated 12.05.2022 and 04.05.2022 have been submitted before the Superintending Engineer, Rural Works Division-I (Opposite Party No.3) and the Executive Engineer, Rural Works Division-Malkangiri (Opposite Party No.4) respectively regarding closure of construction of HL Bridge over local Nallah on Ravanaguda-Kacheli road under BSY Scheme of E.E. Rural work Division-I, Malkangiri waiving out penalty thereof, which have not yet been considered and direction may be issued to the said Opposite Parties to consider and dispose of after giving opportunity of hearing to the petitioner.
Learned counsel for the State submits that there is nothing regarding closure of construction of HL Bridge and therefore, the representations filed by the Petitioner are totally misconceived.
Be that as it may, if the said representations under Annexure-5 series are pending before the Opposite Party Nos. 3 & 4, the same shall be considered and disposed of in accordance with law within a period of four weeks from the date of production of certified copy of this order after giving an opportunity of hearing to the Petitioner and communicate the result of such exercise to the Petitioner.
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Urgent certified copy of this order be granted on proper application.
(S.K. Sahoo) Vacation Judge
(M.S. RAMAN) Vacation Judge
Aks
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1 issue framed by the court
petitioner praying direction to consider closure of bridge work contract and waiver of penalty
1 provisions across 1 enactments
Pradip Kumar Pradhan
State of Odisha
S.K. Sahoo
M.S. Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
