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Ms Atri Construction Vs. the State of Jharkhand and ors

Ms Atri Construction vs The State of Jharkhand and ors

Type Court Judgment Court Jharkhand Decided Jul 31, 2013
~2 min read
https://sooperkanoon.com/case/1008845

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Citation
Court
Jharkhand High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Ms Atri Construction

Respondent

The State of Jharkhand and ors

Excerpt

in the high court of jharkhand at ranchi w. p. (c) no. 6983 of 2012 --- m/s. atri construction ...petitioner -versus- the state of jharkhand & anr. .....respondents. --- coram : honble mr. justice aparesh kumar singh --- for the petitioner : m/s. ananda sen, v.k.tiwary, advs. for the respondents : mr. anil kumar, j.c. to a.g.. 02/31.7.2013 the pleadings are complete in the writ petition. from the submissions made on behalf of the petitioner and upon hearing the parties, it appears that the work which was allotted to the petitioner vide annexure-2 dated 5th october, 2012 for construction of district combined agriculture building, sahebganj under nit issued by the executive engineer, rural development special division, sahebganj, has been cancelled by an order passed on 1st november, 2012 (annexure-6) by deputy commissioner, sahebganj. it further appears from annexure-12 to the amended writ petition dated 29th november, 2012, issued by the special secretary, rural works department that the deputy commissioner, sahebganj, has been asked to explain as to how without recommendation of chief engineer, rural works department, the work order issued in favour of the petitioner earlier was cancelled. even chief engineer of the rural works department in the counter affidavit filed on 8th may, 2013 vide annexure-d dated 15th march, 2013 stated that cancellation of the aforesaid work by deputy commissioner, sahebganj was not in accordance with rules. in such circumstances, since the matter requires some hearing, further execution of the work being done by the respondent no. 5 shall remain stayed. let the case appear on 9th september, 2013. (aparesh kumar singh, j) jk

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 6983 of 2012 --- M/s. Atri Construction ...Petitioner -Versus- The State of Jharkhand & anr. .....Respondents. --- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH --- For the Petitioner : M/s. Ananda Sen, V.K.Tiwary, Advs. For the Respondents : Mr. Anil Kumar, J.C. to A.G.. 02/31.7.2013 The pleadings are complete in the writ petition. From the submissions made on behalf of the petitioner and upon hearing the parties, it appears that the work which was allotted to the petitioner vide Annexure-2 dated 5th October, 2012 for construction of District Combined Agriculture Building, Sahebganj under NIT issued by the Executive Engineer, Rural Development Special Division, Sahebganj, has been cancelled by an order passed on 1st November, 2012 (Annexure-6) by Deputy Commissioner, Sahebganj. It further appears from Annexure-12 to the amended writ petition dated 29th November, 2012, issued by the Special Secretary, Rural Works Department that the Deputy Commissioner, Sahebganj, has been asked to explain as to how without recommendation of Chief Engineer, Rural Works Department, the work order issued in favour of the petitioner earlier was cancelled. Even Chief Engineer of the Rural Works Department in the counter affidavit filed on 8th May, 2013 vide Annexure-D dated 15th March, 2013 stated that cancellation of the aforesaid work by Deputy Commissioner, Sahebganj was not in accordance with Rules. In such circumstances, since the matter requires some hearing, further execution of the work being done by the respondent no. 5 shall remain stayed. Let the case appear on 9th September, 2013. (Aparesh Kumar Singh, J) jk

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