WPMB/49/2023
2023 Latest Caselaw 1089 UK

             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                   WRIT PETITION (M/B) NO. 49 OF 2023

                               21ST APRIL, 2023

BETWEEN:
M/s Bansal Construction                                          .....Petitioner.
And

State of Uttarakhand & another                                   ....Respondents.

Counsel for the Petitioner : Mr. Sagar Kothari, learned counsel.

Counsel for the Respondents : Mr. B.S. Parihar, learned Standing Counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Issue notice. Learned counsel appears and accepts

notice on behalf of the respondents.

2. The petitioner has preferred the present writ

petition to seek the following reliefs:-

"(i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned letter dated 15.04.2023 issued by respondent no.2.

(ii) Issue a writ, order or direction in the nature of mandamus, commanding/ directing the respondent authorities to allow the petitioner to complete the work within the time framed stipulated in the letter dated 16.04.2023."

3. The petitioner has been awarded the work of

reconstruction of road from Parmarth Niketan to Janki Setu in

Swargashram Area. Under the contract, the time available to

the contractor to complete the work is 19.06.2023. The

petitioner was further required to complete the work by

26.05.2023. The respondents sought to bring forward the

date of completion of work to 10.05.2023. The petitioner sent

a letter on 19.04.2023 to respondent no.2 pointing several

hindrances in executing the work. According to the petitioner

clear site has not been made available to the petitioner by the

respondents.

4. The respondents issued the impugned

communication dated 15.04.2023 pointing out several lapses

on the part of the petitioner in carrying out the work and also

calling upon the petitioner to participate in taking of final

measurements on 16.04.2023. Another communication was

issued on 16.04.2023, stating that the final measurements

had been taken in the absence of the petitioner, or its

representative since none turned up for the same.

5. A perusal of the communication dated 15.04.2023

shows that the respondents probably intended to terminate

the contract. However, there is no termination of the contract

affected by the respondents till date. Since the right of the

parties arises out of their contract, we are not inclined to go

into the disputed questions of fact in the present petition.

6. We, therefore, leave the parties to work out of their

rights and obligations under the contract.

7. The petition is disposed of in the aforesaid terms.

8. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 21st April, 2023 NISHANT