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Contract revoked on the grounds that no work had been completed and there was no supervision: Patna High Court

There is a provision in the agreement between the petitioner and the Government of Bihar’s Rural Works Department for adjudication of disputes between the parties arising out of the execution of work that binds both parties where contract revoked on the grounds that no work had been completed and there was no supervision, the petitioner free to approach the appropriate forum as agreed between the parties to resolve their dispute in accordance with the agreement is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of Shri Brijesh Kumar Vs. The State of Bihar (Civil Writ Jurisdiction Case No. 14317 of 2022)

Brief facts of the case are that the petitioner has requested for the order of the Executive Engineer, Rural Works Department, Works Div., Narkatiyaganj, West Champaran, dated 03.07.2021, rescinding the agreement dated 10.12.2008 executed in favour of the petitioner for the construction of a road under the Prime Minister Rural Road Scheme from Baisakhwa to Sikta in the district of West Champaran and sending a recommendation to the Engineer-in-chief, Bihar, Patna, for blacklisting proprietorship firm of the petitioner.

Furthermore, a writ of mandamus be issued directing the Executive Engineer, Rural Works Department, Works Division, Narkatiyaganj, West Champaran, to make payment of approximately Rs. 76,81,000/- to the petitioner firm under Agreement dated 10.12.2008 towards renovation work of the fully constructed road that was severely damaged in the devastating flood of 2010. Additionally, a writ of Mandamus be issued, directing the Executive Engineer to pay the maintenance amount of approximately Rs. 24,85,364/- for the financial years 2017-18 to 2020-21 under the Agreement dated 10.12.2008, as well as directing the Executive Engineer to pay the petitioner approximately 50 lakhs towards permanent restoration costs for repairing works of the project road in 2020-21 as a result of the damage caused by the flood of 2017.

In this writ application, the petitioner has challenged the Executive Engineer, Rural Works Department, Works Division, Narkatiyaganj, West Champaran’s order dated 03.07.2021, which revoked the contract between the petitioner and the Rural Works Department on the grounds that no work had been completed and there was no supervision. As the writ petition concerns a contested factual issue, the High Court cannot decide it using its discretionary writ jurisdiction under Article 226 of the Indian Constitution. There is a provision in the agreement between the petitioner and the Government of Bihar’s Rural Works Department for adjudication of disputes between the parties arising out of the execution of work that binds both parties.

In light of the terms of the agreement, the writ petition is dismissed, with the petitioner free to approach the appropriate forum as agreed between the parties to resolve their dispute in accordance with the agreement, and the petitioner free to pursue other legal remedies for redress of his grievance.

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Judgement reviewed by – Pooja Lakshmi

 

 

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