M/S Krishana Construction ... vs Mp. Gram Sadak Vikas Pradhikaran
2022 Latest Caselaw 3571 MP

                                                                          1
                                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                          BEFORE
                                                            HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                 ON THE 14th OF MARCH, 2022

                                                             WRIT PETITION No. 5536 of 2022

                                              Between:-
                                              M/S KRISHANA CONSTRUCTION COMPANY MIG
                                              23 HEADGEWAR NAGAR REWA THROUGH ITS
                                              PROPRIETOR RAMNIWAS GAUTAM S/O HINJLAL
                                              GAUTAM OCCUPATION CONTRACTOR AGED
                                              ABOUT 50 YEARS MIG 23 HEADGEWAR NAGAR
                                              REWA (MADHYA PRADESH)

                                                                                                          .....PETITIONER
                                              (BY SHRI JUBIN PRASAD, ADVOCATE )

                                              AND

                                     1.       MP. GRAM SADAK VIKAS PRADHIKARAN
                                              THROUGH ITS CHIEF EXECUTIVE OFFICER 5TH
                                              FLOOR PARAYAWAS BHAWAN BHOPAL (MADHYA
                                              PRADESH)

                                     2.       GENERAL MANAGER M.P. GRAM SADAK VIKAS
                                              PRADHIKARAN P.I.U. NO. 2 UMARIYA, DISTRICT-
                                              UMARIA (MADHYA PRADESH)

                                                                                                       .....RESPONDENTS
                                              (BY SHRI SWAPNIL SOUHAGRA, ADVOCATE ON ADVANCE NOTICE)

                                           T h is petition coming on for admission this day, the court passed the

                                     following:
                                                                           ORDER

The present petition has been filed for seeking direction to the respondents to release the dues of the petitioner after completion of the contract successfully.

Petitioner was awarded a contract under package No. MP-4457 and executed an agreement no.10/2013-14 for the construction including maintenance of the work for a period of 5 years after completion of the construction work. It is undisputed fact that a completion certificate has been issued by the respondent and thereafter five years maintenance period is also over, therefore, no liability remain upon the petitioner.

At the outset, learned counsel for the petitioner has made an innocuous prayer to dispose of this petition by directing the respondents to decide the Signature Not Verified SAN

representation (Annexure P/4) in the light of judgment passed by this Court in the Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY

case of M/s Telecommunication Consultants India Ltd. Vs. State of M.P. and Date: 2022.03.16 17:18:25 IST

others ( Writ Petition No.01/2013) decided on 09.05.2013 and in the case of M/s Jai Mata Traders Vs. State of Madhya Pradesh and others (Writ Petition No.10538/2010) decided on 19.07.2013.

Counsel appearing for the respondent/State has no objection to the

innocuous prayer made by the learned counsel for the petitioner.

Prayer appears to be reasonable.

Considering the overall facts and circumstances of the present case, this petition is disposed of in the light of the orders passed in the case of M/s Telecommunication Consultants India Ltd. Vs. State of M.P. and others (Writ Petition No.01/2013) on 09.05.2013 and in the case of M/s Jai Mata Traders Vs. State of Madhya Pradesh and others (Writ Petition No.10538/2010) on 19.07.2013. The respondents/authorities are directed to consider and decide the representation within a period of 30 days from the date of receipt of a certified copy of this order, after giving audience to all affected parties and communicate the decision to the petitioner. The petitioner is directed to file a copy of the representation alongwith certified copy of this order and the aforesaid judgments to the respondent/authorities.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid, the petition stands disposed of. C.C. as per rules.

(VISHAL MISHRA) JUDGE AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.03.16 17:18:25 IST