Patna High Court
Sadanand Singh Construction Pvt. Ltd vs The State Of Bihar And Ors on 14 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9630 of 2017
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Sadanand Singh Construction Pvt. Ltd. Son of Medni Singh, Resident of
Village- Dharhara, P.S.- Dharhara Munger.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Secretary Rural Works Department,
Government of Bihar, Patna
2. The Chief Engineer- 1, Rural Works Department, Bihar, Patna.
3. The Chief Engineer- 2, Rural Works Department, Bihar, Patna.
4. The Superintendent Engineer, Rural Works Department, Work Anchal,
Munger.
5. The Executive Engineer, Rural Works Department, Work Division , Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Prasad Singh, Advocate
For the Respondent/s : Mr. Kumar Alok-SC 7
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 14-05-2025
1. The petitioner, in the present Writ
petition, challenges the so-called Award dated
13.11.2014
passed by the Chairman, Bihar Public
Works Contracts Disputes Arbitration Tribunal in
relation to the executed work titled "Sirasi Mahsar
Kaila Road to Bhadusi Road under P.M.G.S.Y.,
Package No. BR-31.02," vide Agreement No. 1,
PMGSY 2009-10, dated 09.10.2009, on the ground
Patna High Court CWJC No.9630 of 2017 dt.14-05-2025
that the said Award lacks any decisive or
conclusive order regarding the executed work and
is, therefore, non est and not legally tenable.
The petitioner further prays for the
issuance of an appropriate writ, preferably in the
nature of mandamus, or any other suitable writ(s),
order(s), or direction(s), commanding the
respondent authorities to release the petitioner's
admitted dues of Rs.1,16,445/- for the completed
work under the aforementioned agreement.
2. The brief facts of the case, according to
the petitioner, are that the petitioner participated
in a tender floated by the respondent authorities
for the work titled "Sirasi Mahsar Kaila Road to
Bhadusi Road under P.M.G.S.Y., Package No. BR-
31.02" (Agreement No. 1, PMGSY 2009-10, dated
09.10.2009), and being the lowest bidder, the
contract was awarded to him. Upon award of the
contract, the petitioner mobilized all necessary
resources and executed the work in the presence
of the site engineer appointed by the respondent.
The execution was verified, and measurements
Patna High Court CWJC No.9630 of 2017 dt.14-05-2025
were duly recorded in the Measurement Book
(M.B.) and authenticated by the Assistant
Engineer, as per the terms and conditions of the
agreement.
3. It is submitted on behalf of the
petitioner that running bills for the executed
work, were place before the respondent
authorities for processing them. However, a
portion of the payment, specifically Rs.1,16,445,
was withheld without justification. It is further
submitted that despite repeated requests and
personal visits by the petitioner, the due amount
was not released. The respondent merely sent a
checklist to the higher authorities for fund
allotment, but no conclusive action was taken. The
petitioner had to raise loans on interest, from the
market to execute the work, and due to the non-
payment of dues, he and his family are under
severe financial distress.
4. The Learned counsel for the petitioner
submitted that the petitioner's claim was referred
to the Bihar Public Works Contracts Disputes
Patna High Court CWJC No.9630 of 2017 dt.14-05-2025
Arbitration Tribunal (Reference No. 09/12), which
passed an Award dated 13.11.2014. However, the
Award failed to conclusively address the
petitioner's claim of Rs.1,16,445/- even though
the work had been approved by the Site Engineer
and Assistant Engineer. Following the Award, the
petitioner submitted a representation to the
authorities. Although partial payment was
released, the disputed amount of Rs.1,16,445 was
excluded on the ground that no order had been
passed in its favor. Subsequently, the respondents
issued a letter (No. BRFDA(HQ) PMGSY-55/2013-
498 dated 06.02.2017) for the release of funds,
but no payment has been made to date.
5. It is submitted by the Learned counsel
for the petitioner that the non-payment of his
admitted dues is arbitrary, illegal, and
discriminatory, especially as other similarly
situated contractors have been paid. This
constitutes a violation of Article 14 of the
Constitution, due to hostile discrimination and
selective treatment. It is further submitted that
Patna High Court CWJC No.9630 of 2017 dt.14-05-2025
the executed work has never been denied by the
respondents.
6. The Learned counsel for the petitioner
submitted that in the interest of justice, equity,
and fair play, the petitioner prays to issue
appropriate directions to the respondents to
release the outstanding dues of Rs.1,16,445/-.
8. A detailed counter affidavit was filed on
behalf of the Respondent Nos. 1 to 5. It is averred
in the counter that the writ petition has been filed
to challenge the Award dated 13.11.2014 passed
by the Chairman, Bihar Public Works Contracts
Disputes Arbitration Tribunal, and seeks a
direction to release the petitioner's alleged dues
of Rs.1,16,445/- with interest, however, the relief
sought is not maintainable.
9. It is further averred in the counter
affidavit that the petitioner did not complete the
assigned work, despite repeated reminders from
the authorities. Consequently, a Checklist dated
03.03.2015 was prepared for administrative
approval of the revised estimate for the same
Patna High Court CWJC No.9630 of 2017 dt.14-05-2025
project - "Sirsai-Mahsar-Kalia Road to Bhadusi
Road under PMGSY." The original administrative
approval was granted on 30.03.2008, but due to
the petitioner's disinterest and non-completion of
the work, a revised estimate was submitted. The
petitioner was therefore recommended to be
debarred, as mentioned in the Checklist. The
original estimate was Rs. 62,91,400/-, while the
revised estimate was Rs.92,16,220/-, showing an
increase of Rs. 29,24,820/-, which comes to an
increase of 46.49% without any addition of new
work, solely due to the delay and non-completion
caused by the petitioner.
10. The Learned counsel for the
respondents submitted that the petitioner had
earlier approached the Bihar Public Works
Contracts Disputes Arbitration Tribunal in
Reference Case No. 09/2012, raising similar
claims, including the Rs.1,16,445/- in question.
11. It is further submitted on behalf of the
respondents that the Tribunal was pleased to
pass the following award:
Patna High Court CWJC No.9630 of 2017 dt.14-05-2025
"1. The petitioner shall be entitled
to the refund of the Initial Security Deposit
Including Earnest Money in the shape of
NSE for an amount of Rs. 1,89,500/- (Rs
One Lac eighty nine thousand five
hundred only).
2. The petitioner shall also be
entitled to the payment of recovery
amount of deduction towards Security
Deposit of Rs. 1,13,555/-(One Lac thirteen
thousand three hundred fifty five only)
and payment of recovery amount of
deduction of for performance Security of
Rs. 56,778/- (Rs. Fifty Six Thousand seven
hundred seventy eighty) only from
running bills.
3. The petitioner shall be entitled
to simple interest @ 10 % p.a over the
awarded amount award from the date of
award.
4. The party shall bear their own
cost. Memo of payment may be prepared
accordingly."
12. The Learned counsel for the
respondents submitted that the Tribunal gave a
reasoned and final finding, clearly disentitling the
petitioner from any additional amount for
Patna High Court CWJC No.9630 of 2017 dt.14-05-2025
executed work. Therefore, his claim of
Rs.1,16,445/- is not maintainable and the
allegations of hostile discrimination are baseless,
as the petitioner's case has already been
adjudicated on merits, and he has been treated in
accordance with the law.
13. It submitted on behalf of the
respondents that in view of the above, the writ
petition is devoid of merit and is fit to be
dismissed.
14. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents.
15. Based on the facts and circumstances
stated above, this Court is of the considered view
that there is no merit in the case of the petitioner.
This Court does not find any error in the order
dated 13.11.2014 passed by the Chairman, Bihar
Public Works Contracts Disputes Arbitration
Tribunal, Patna. Therefore, the order of the Bihar
Public Works Contracts Disputes Arbitration
Tribunal, Patna is, hereby, confirmed.
Patna High Court CWJC No.9630 of 2017 dt.14-05-2025
16. Accordingly, the writ petition is
dismissed as devoid of merits.
17. Interlocutory Application(s), if any,
shall stands disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.05.2025
Transmission Date
