Jharkhand High Court
Rajwardhan Hitech Construction ... vs The State Of Jharkhand Through The ... on 21 November, 2024
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Civil Review No.77 of 2023
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Rajwardhan Hitech Construction Private Limited through its Director
Manoj Kumar Singh, S/o Ramadhar Singh, R/o WS9/101, Harmu
Housing Colony, Harmu, Argora, Ranchi ....Petitioner(s).
Versus
1.The State of Jharkhand through the Secretary, Water Resources
Department, Nepal House, Doranda, Ranchi
2.The Engineer-in-Chief, Water Resources Department, Nepal House,
Doranda, Ranchi
3.The Executive Engineer, Waterways Division, Hazaribagh
.... Opp. Party(s).
........
CORAM : SRI ANANDA SEN, J.
SRI GAUTAM KUMAR CHOUDHARY, J.
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For the Petitioner(s) : Mr. V.P. Singh, Sr. Advocate
Mrs. Bandana Kr. Sinha, Advocate
Mrs. Ragini Kumari, Advocate
For the State : Mr. Sreenu Garapati, S.C.-III
Mr. Shivam Anand Pathak, AC to S.C.-III
Mr. Saurav Sagar, AC to S.C.-III
.........
06 /21.11.2024: This Civil Review has been filed to review the order dated
16.08.2023 passed in W.P.(C) No.1838 of 2023.
2. Heard, learned Senior counsel for the petitioner and learned
counsel for the State.
3. The ground of review is that after the writ petition being
W.P.(C) No.1838 of 2023 was disposed of on 16.08.2023 with liberty
to the petitioner to approach the Civil Court, considering the nature
of the claims, the petitioner was supplied with some documents
under the Right to Information Act which would suggest that the
work was already completed within stipulated time, which would
attract payment of bonus also to the petitioner.
4. The writ petition was disposed of considering that there was
no specific admission on behalf of the respondent-State in respect
of the money claim and also in relation to completion of the work,
thus the petitioner was directed to approach the Civil Court.
5. Now, admittedly, some documents have been brought before
us, after disposal of the writ petition which has been obtained by
the petitioner through Right to Information Act. The date in the
said document and the envelop suggest that the same was received
by the petitioner after the writ petition was disposed of. Relying on
the aforesaid document, learned Senior counsel for the petitioner
submits that in view of the said documents, the petitioner is also
entitled for the bonus, which was not paid to the petitioner as the
same was not admitted in the writ petition, on the ground that
entire work has not yet been completed. The documents suggest
that the work was completed within time.
6. Considering the said submission, we only intend to modify/
review paragraph-12 of the judgment dated 16.08.2023 passed in
W.P.(C) No.1838 of 2023 and give liberty to the petitioner to
approach the Secretary, Water Resources Department, Government
of Jharkhand by filing a detail representation along with
documents.
7. On receipt of the said documents, if the Secretary finds that
work was completed within specific time as stipulated in the
agreement and the petitioner is entitled for any other extra amount,
he will pass a reasoned order, on the said representation and if any
amount is found payable the same should be paid to the petitioner.
If the claim is rejected, specific reasoned order should be passed.
8. The entire process should be concluded within a period of
three months from the date of receipt of a copy of this order. This is
an additional liberty given to the petitioner over and above, the
liberty which was already given in the impugned judgment at
para 12.
9. Accordingly, the instant Civil Review stands disposed of
with the aforesaid modification only.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
R.S.
