Disposed

Surendra Prasad Ojha v. The State Of Bihar and Ors.

Patna HC16 Dec 2013CWJC/5750/2013

Case brief

AI extract

What is this about?

The High Court allowed the writ application by not deciding the merits immediately. Instead, it granted liberty to the petitioner to file a representation before the Chief Engineer. Upon that, the Chief Engineer must conduct an enquiry and either refund the security deposit or pass appropriate orders within two months if the delay was due to reasons beyond the petitioner's control.

What did the court decide?

Liberty to file a representation before the Chief Engineer to hold an enquiry and refund security deposit if reasons for delay were beyond petitioner's control.

Surendra Prasad Ojha Vs The State Of Bihar… — Contract and Commercial Disputes | Patna HC (2013)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5750 of 2013

¶2

====================================================== 1. Surendra Prasad Ojha S/O Rajendra Ojha Friends Colony, Pakari Ara, P.S.- Nawada, District- Bhojpur At Ara .... .... Petitioner/s Versus 1. The State Of Bihar through the Secretary Rural Works Department, Government of Bihar, Patna 2. The Chief Engineer Rural Works Department, Govt. of Bihar, Patna 3. The Superintending Engineer Rural Works Division, Jagdishpur, Bhojpur 4. The Executive Engineer, Rural Works Division, Jagdishpur, Bhojpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mithilesh Kumar Upadhyay For the Respondent/s : Mr. H. P. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 16-12-2013 Annexure-3 is an order of the Executive Engineer, Rural Works Division, Jagdishpur, Bhojpur dated 21.8.2012 by which work agreement executed with the petitioner has been rescinded and his security money has been forfeited.

¶3

Learned counsel for the petitioner submits that after

¶4

the agreement, when the petitioner went on the site much resistance was put by the local villagers as their lands were not finally acquired nor compensation was paid to them. In the circumstances, petitioner could not execute the work. He submits that the Assistant Engineer had made enquiry and had also reported the Executive Engineer through letter dated 19.4.2012, as contained in Annexure-2, with regard to the state of affairs on the spot. In spite of this, the Executive Engineer without taking into

¶5

Patna High Court CWJC No.5750 of 2013 (2) dt.16-12-2013

¶6

2/2

¶7

account the situation on the spot had rescinded the agreement of the petitioner.

¶8

This is a factual matter as to whether petitioner was resisted on the spot by the local villagers or not. If the contention of the petitioner is correct, then no fault can be found in his not executing the work in time. But this has to be examined by any official of the Department to come to the correct facts.

¶9

In the circumstances, this writ application is disposed of with liberty to the petitioner to file a representation before the respondent Chief Engineer against Annexure-3 with all supporting documents, who shall get necessary enquiry held in respect of true reasons for the petitioner for not executing the work in time. Thereafter, the Chief Engineer shall pass appropriate orders in accordance with law preferably within two months from the date of filing of representation by the petitioner. If the Chief Engineer finds that the petitioner could not execute the work for reasons beyond his control, he shall direct for refund of the security deposit of the petitioner.

¶10

(Jayanandan Singh, J)

¶11

Pradeep/-

Surendra Prasad Ojha v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Surendra Prasad Ojha v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sunil Kumar Singh and Ors. Vs the State of Bihar and Ors.

Ram Nandan Sharma Vs the Life Insurance Corp.of Ind

Hari Narayan Prasad Vs the State of Bihar and Ors.

M/s Shiv Shakti Traders Vs The East Central Railway and Ors.

Rakesh Kumar Vs The State Of Bihar and Ors.

M/S Ganesh Ram Dokania Vs the State of Bihar and Ors.