Patna High Court
Shashi Kumari vs The State Of Bihar on 22 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2603 of 2021
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SHASHI KUMARI, wife of Late Kamlesh Kumar, Resident of Village-
Lakhibag Manpur, Police Station- Muffasil, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Rural
Works Department, Government of Bihar, Patna.
2. The Engineer-in-Chief, Rural Works Department, Bihar, Patna.
3. The Superintending Engineer-cum-Nodal Officer, PMSGY, Bihar Rural Road
Development Authority, Patna.
4. The Superintending Engineer, Rural Works department, Works Anchal, Gaya.
5. The Executive Engineer, Rural Works Department, Work Division, Tekari
(Gaya).
6. The Superintending Engineer, Rural Works Department, Work Anchal,
Kishanganj.
7. The Executive Engineer, Rural Works Department, Work Division,
Kishanganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Respondent/s : Mr. Lalit Kishore ( A.G.)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 22-11-2021
Heard learned counsel for the parties.
Petitioner has prayed for following relief(s):-
"(i) A writ in the nature of certiorari
setting aside the Letter No. 2085 dated 23.09.2020
addressed to the Respondent No. 5 as well as
consequential order bearing Memo No. 1351 dated
25.09.2020 issued under the signature of Respondent
Patna High Court CWJC No.2603 of 2021 dt.22-11-2021
No. 5 as contained in Annexure-7 and 8 whereby and
where under due to sudden death of husband of
petitioner who was awarded the contract work under
Scheme of PMGSY-II Work MRL01 Apar Jamenahar
Road Package No. BR-12P2R-06 and executed an
agreement with concerned Respondent on 19.03.2020
and executed the work substantially but despite
having made claim by the legal heir of deceased
contractor being widow duly authorised by other
legal heir to complete the ongoing work within
prescribed time frame, contrary to clause 55.2 of
Standard Bidding Document for PMGSY (hereinafter
SBD PMAGASY) taking aid of Clause 55 and 55.1
of General clause of contracts (hereinafter GCC only)
which is, not applicable in case of petitioner, the
agreement for execution of work made by deceased
husband of petitioner has bet, dropped/lescined and
directed to retender of the works in question and
accordingly agreement has been rescined/dropped.
(ii) For setting aside the Letter No.
2087 dated 23.09.2020 as contained in (Annexure-
addressed to Respondent No. 7 directing to terminate
the agreement of deceased husband of petitioner Late
Kamlesh Kumar with regard to Package No.
BR18P2R-21- T02 Bhag Jhunkise Bellgadi Pipra
Path and directed for retender despite the fact that
clause 55.2 of SBD PMGSY provides that if wife
who is legal heir is willing to complete the rest of
work then she may be allowed to complete the work
by executing fresh agreement but ignoring the same
taking aid of GCC Clause 55 agreement has been
terminated and fresh tender is to be notified.
(iii) To set aside the fresh Tender
Notice RWD/PMGSY-II/RRP- II/Tekari/ ET-20-
21/14 inviting Bids as retender for works bearing
Package No. BR12P2R-06 published on 05.12.2020
in Daily Hindustan News Paper form the level of
Respondent No. 5 fixing the date by 28.12.2020
contrary. to Clause 55.2 of SBD PNGSY negating the
claim of petitioner as contained in Annexure-11.
(iv) For a direction upon the
Respondent concerned to execute fresh agreement
with the petitioner who is eligible for the same as she
has also got fresh Registration No. 1200051/2020 and
Patna High Court CWJC No.2603 of 2021 dt.22-11-2021
is willing to complete the the ongoing execution of
works assigned to her deceased husband. and has all
infrastructure to complete the work as she used to
assist her husband in execution of work since very
inception of contract work done by her deceased
husband.
to retender the assigned work bearing Package No.
BR18P2R-21-T02-Bhag Jhunkise Belgadi Pipara
Path and another work assigned under work Division
of Respondent No. 7 during pendency of the present
writ petition.
(iv) Any other order/orders,
direction/directions, writ/writs for granting any other
relief/reliefs for which the petitioner is found entitled
to in the facts and circumstances of the case."
It is submitted by learned counsel for the State that
during pendency of the present writ petition, remaining contract
work has been allotted to the 3rd party.
As such, this Court directs that whatever work was
executed by the late husband of the petitioner and bill is pending
before the authorities, same shall be paid to the widow
petitioner within 30 days from the date of filing of such
representation before respondent no. 5, namely, The Executive
Engineer, Rural Works Department, Work Division, Tekari
(Gaya) and respondent no. 7 (The Executive Engineer, Rural
Works Department, Work Division, Kishanganj.
The present petition stands disposed of with the
aforesaid direction.
Interlocutory Application(s), if any, shall stand
Patna High Court CWJC No.2603 of 2021 dt.22-11-2021
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
