WPMS/431/2021
2021 Latest Caselaw 440 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
        ON THE 24th DAY OF FEBRUARY, 2021
                         BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


         Writ Petition (M/S) No. 431 of 2021


BETWEEN:
      M/s Dhananjay Giri through its proprietor
                                            ....Petitioner
      (Mr. Ganesh Kandpal, Advocate)




AND:
      Bridge, Ropeway, Tunnel & other Infrastructure
      Development Corporation Ltd. & others.
                                         ....Respondents
      (Mr. Ajay Veer Pundir, Advocate)



                       JUDGMENT

Petitioner is permitted to implead Secretary, Public Works Department, Uttarkhand, as respondent no. 4. Necessary amendment in the memo of parties be made during the course of the day.

2. Petitioner is a contractor, who was awarded a contract for construction of a bridge by respondent no.

1. The contract awarded to the petitioner has been terminated by General Manager, Civil (respondent no.

2) vide order dated 03.10.2020. Thus, feeling aggrieved, petitioner has approached this Court seeking following reliefs:

"i) issue a writ, order or direction in the nature of certiorari to quash the order dated 03.10.2020 (contained in annexure No. 11) to this writ petition.

ii) issue a writ, order or direction in the nature of mandamus directing the respondent to permit the petitioner to complete the remaining work of the construction of the bridge as per the bar chart submitted by the petitioner."

3. Learned counsel for the petitioner submits that the work of construction of bridge was nearing completion, however, due to nationwide lockdown imposed by Covid-19 Pandemic, the remaining work could not be completed. Thus, he submits that respondents have acted arbitrarily in taking the decision to terminate the contract with the petitioner.

4. Learned counsel for respondents submits that if petitioner has any grievance, then he should have approached the Competent Authority. He further submits that due to the delay in completion of construction of bridge, State Government has withdrawn the work from the respondent no. 1 and has handed it over to Public Works Department, Uttarakhand.

5. Learned counsel for the petitioner has drawn attention of this Court to one representation dated 08.10.2020 (Annexure-12 to the writ petition). He confines his prayer and submits that writ petition may be disposed of by directing Secretary, Public Works Department, Uttarakhand to decide the pending representation of the petitioner at the earliest.

6. Accordingly, writ petition is disposed of with a direction to Secretary, Public Works Department, Uttarakhand to consider and decide petitioner's representation dated 08.10.2020 (Annexure-12 to the writ petition), in accordance with law, as early as

possible; but, not later than 4 weeks from the date of production of certified copy of this order.

7. Petitioner undertakes to supply a copy of the representation along with certified copy of this order within one week from today.

(MANOJ KUMAR TIWARI, J.) Navin