Satyabrata Jena Vs State of Odisha

“ 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 30.11.2020 and completion certificate issued, shall not be declared illegal, arbitrary and unreasonable.

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ii) The Opp.parties shall not be directed to release the final bill for the work ‚Construction of S.B.Bridge over River Gobari on Chahapada Kanpur Road near Jankoti under Biju Setu Yojana in the year 2013-14 in the district of Cuttack bearing Divisional Agreement No.1855 F2 of 2013-14 since work is completed in all respect on 30.11.2020, as per representation dated 13.12.2024 under Annexure-6 with statutory interest till release of final bill.

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The action/decision of the authority in not 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.

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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.

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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 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

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‘T’+30 days. On receipt of the same from the SubDivision office processing mandatory additional documents, provision of allotment, authorization for 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 Signature Not Verified Sumitra

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Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 25-Feb-2025 16:12:46

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Satyabrata Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Satyabrata Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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