Patna High Court
Kamladitya Construction Pvt Ltd vs The State Of Bihar on 5 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6949 of 2019
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Kamladitya Construction Pvt Ltd. registered under the Companies Act, 1956,
having its office at Plot No. 201, Co-operative Colony, Bokaro Steel City,
Bokaro (Jharkhand)- through its authorized signatory, Vinod Kumar Singh,
Son of Late Krishna Deo Narayan Singh @ Lalan Singh, Resident of Rampur,
Noornagar, P.O. and P.S.- Jalalpur Bazar, District- Chapra (Saran)- at present
residing at 201, Co-operative Colony, Bokaro Steel City, Bokaro, Jharkhand-
827001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. Principal Secretary, Water Resources Department, Government of Bihar,
Patna.
3. Engineer-in-Chief, Headquarters, Water Resources Department, Government
of Bihar, Patna.
4. Chief Engineer, Water Resources Department, Siwan.
5. Superintending Engineer, Planning and Monitoring-II, Water Resources
Department, Government of Bihar, Patna.
6. Executive Engineer, Saran Canal Division, Mairwan, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Umesh Prasad Singh, Sr. Advocate
Mr. Vaibhava Veer Shankar, Advocate
For the Respondent/s : Mr. Vinay Kriti Singh, Sr. Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 05-05-2023
On 04.05.2023 following order was passed:-
"Heard the matter for sometime.
02. This is third round litigation
arising out of the same contract and different
issues. After disposal of CWJC No. 4661 of
2017 on 02.05.2017, the petitioner was
granted one year time to execute the balance
work. Such a communication has been made
on 24.10.2017 (Annexure-P/16). The
Patna High Court CWJC No.6949 of 2019 dt.05-05-2023
petitioner had sent a letter that balance work
would not be executed within the extended
time limit stipulated by the respondents i.e.
dated 29.11.2018.
03. Today, learned counsel for
the respondents, on instruction, from the
Engineer-in-Chief, Water Resources
Department, Government of Bihar, Patna,
Mr. Ishwar Chandra Thakur, submitted that
the petitioner had executed 30 to 35 percent
of particular work as on 24.10.2017 and
remaining 65 percent of work was required
to be executed within one year, would be
unreasonable, for the reasons that original
contract was for a period of 30 months.
04. Taking note of these dates
and events, we propose the petitioner to
execute the balance work within a time limit
to be stipulated by this Court. In this regard,
whether petitioner is willing to execute the
balance work without escalating the price or
not?
05. The petitioner's counsel is
hereby directed to secure instruction from his
client by tomorrow i.e. on 05.05.2023.
06. Re-list this matter on
05.05.2023 at 02:15 PM."
2. Today, learned counsel for the petitioner on
instruction submitted that petitioner is prepared to execute the
balance work in terms of agreement dated 26.02.2015 entered
within a period of two years. Reason assigned for two years is
that there would be rainy season and certain difficulties could be
faced by the contractor in executing the work. In this regard, we
had oral discussion with the Engineer-in-Chief, Water Resources
Department, Government of Bihar, Mr. Ishwar Chandra Thakur,
Patna High Court CWJC No.6949 of 2019 dt.05-05-2023
who is present in the Court.
3. Accordingly, two years time is granted to
complete and execute the balance work in terms of agreement
dated 26.02.2015. Two years would be calculated from
01.06.2023 to 31.05.2025. In the event of non-completion of
balance work by the petitioner, Respondent is at liberty to take
action against petitioner in accordance with law. The impugned
orders dated 14.03.2019 and 18.03.2019 (Annexure-P/23) are
set aside. With the above observations, the present writ petition
stands disposed of.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
rakhi/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 10.05.2023
Transmission Date N.A.
