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Satyabrata Jena v. State of Odisha

Orissa HC18 Feb 2025WP(C)/1575/2025

Case brief

AI extract

What is this about?

Odisha HC writ petition disposed: contractor's demand for release of final bill with statutory interest for Biju Setu Yojana bridge work (S.B. over River Gobari, Baradia-Jaleswarpur Road, Cuttack, 2013-14) completed 30.06.2019 with completion certificate; State letter No.1647 dt. 06.02.2025 showed final bill never submitted per O.M. No.2375 dt. 03.03.2022 procedure; petitioner directed to submit final bill within 15 days, authority to clear within 2 months; Article 14 arbitrariness plea; coram Dr. Justice S.K. Panigrahi.

What did the court decide?

Writ Petition disposed of with directions: petitioner to submit the final bill within fifteen days of presentation of a certified copy of the order, and the authority to clear the bill within two months of such filing; free copy of the order granted to learned counsel for the State for compliance.

Satyabrata Jena Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the decision-making process adopted by the authorities in not releasing the final bill, in spite of completion of the work on 30.06.2019 and issuance of the completion certificate, is illegal, arbitrary and unreasonable. +1 more

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Ratio / Principle

The Petitioner is directed to submit the final bill in accordance with the procedure referred to in the Superintending Engineer's letter within fifteen days from the date of presentation of a certified copy of the order.

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Key takeaways

The concerned authority shall take steps to clear the bill within two months from the date of filing of the final bill by the Petitioner.ratio¶28

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.1575 of 2025, decided 18.02.2025) by Satyabrata Jena before Dr. Justice S.K. Panigrahi, High Court of Orissa at Cuttack: the petitioner sought release of the final bill, with statutory interest, for the work 'Construction of S.B. over River Gobari on Baradia-Jaleswarpur Road under Biju Setu Yojana' (2013-14, Cuttack district), contending that non-release despite completion of work on 30.06.2019 and issuance of a completion certificate was illegal, arbitrary and violative of Article 14 of the Constitution of India. On instructions, the State produced Letter No.1647 dated 06.02.2025 of the Superintending Engineer, Rural Works Division, Cuttack, stating that per the prescribed procedure (O.M. No.2375 dated 03.03.2022) the contractor must first submit the final bill with discharge certificate, and that the petitioner had not yet done so. The Court disposed of the writ petition directing the petitioner to submit the final bill within fifteen days of presentation of a certified copy of the order, and directing the authority to clear the bill within two months of its filing.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1575 of 2025

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Satyabrata Jena

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…. Petitioner Represented By Adv. Mr. Prabodha Chandra Nayak -versus-

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…. State of Odisha & Ors. Opposite Parties Represented By ASC Ms. Gayatri Patra

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

Order

ORDER 18.02.2025

No.

1 . This matter is taken up through hybrid arrangement.

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2. Heard.

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3. The Petitioner has filed this Writ Petition with the following prayer:-

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“ It is therefore prayed that, this Hon'ble Court may be graciously pleased to issue Rule NISI, in the nature of any appropriate writ/ writs and/or any other writ/writs and/or order/orders and/or direction/directions calling upon the opp. parties to show cause as to why:-

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i) The decision making process adopted by the authorities in not releasing the final bill in spite of completion of the work on dated 30.06.2019 and completion certificate issued, shall not be declared illegal, arbitrary and unreasonable.

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Page 1 of 3

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ii) The Opp.parties shall not be directed to release the final bill for the work Construction of S.B. over River Gobari on Baradia-Jaleswarpur Road under Biju Setu Yojana for the year 2013-14 in the district of Cuttack, since work is completed in all respect on 30.06.2019, as per representation dated 13.12.2024 under Annexure-8 with statutory interest till release of final bill.

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The action/decision of the authority in not I releasing the final bill in a public work, inspite of completion certificate of the work, shall not be declared illegal, arbitrary and violative of Article 14 of the Constitution of India And/or pass any other order/orders, as this Hon'ble Court may deem fit and proper in the ends of justice and fair play. And for this act of kindness, the petitioner as in duty bound, shall ever pray.”

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4. On instructions, learned counsel for the State submits

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the letter No.1647 dated 06.02.2025 issued by the Superintending Engineer, Rural Works Division, Cuttack in Court today. The relevant portion of the said letter is extracted herinbelow:-

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“XXX

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It has been strictly mentioned the contractor will submit the final bill along with the discharge certificate to the section officer on dt.’T’ and the section officer will submit the same along with other required documents to the Sub-Divisional office by ‘T’+20 days. Similarly the Sub-Divisional officer after due checking of all documents submit the final bill to the division by ‘T’+30 days. On receipt of the same from the SubDivision office processing mandatory additional documents, provision of allotment, authorization for

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payment, processing for pass and payment of the final bill in division office should have been made by ‘T’+60 days. To adhere to the above procedure submission of final bill by the contractor to the section office is the basic requirement in pursuance to the O.M. No.2375 dated 03.03.2022. But the petitioner has not yet submitted the final bill as ascertained from the section office and sub-division office.”

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5 . In such view of the matter, the Petitioner is directed to

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submit the final bill in accordance with the aforesaid direction within a period fifteen days from the date of presentation of a certified copy of this order. The said authority shall take steps to clear the bill within a period of two months from the date of filing of the final bill by the present Petitioner.

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6 . Accordingly, the Writ Petition is disposed of.

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7 . A Free copy of the order be granted to the learned counsel for the State for compliance.

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(Dr. S.K. Panigrahi)

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Judge

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Sumitra

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Signature Not Verified