Full Judgment
....1 W.P.No.12602 of 2009 M/s Ram Awadh Yadav & anr.
State of M.P.& ORS.18.02.2014 Shri N.S.Ruprah, Counsel for the petitioner.
Shri Vivek Agrawal, Dy.
A.G.for the respondents.
Inspite of order dated 22.12.2009 passed in the matter, no return has been filed.
In view of the aforesaid, we propose to dispose of the matter finally.
Petitioner was awarded a contract for construction of Harphari Dhani Khaira Road.
It appears that there was delay in execution of the work and as per the representation of the petitioner to the Department, the Chief Engineer, P.W.D., Rewa Zone, Rewa had found that there were departmental reasons for delaying the work.
The Chief Engineer had directed that under clause 14 of the contract, the contract be foreclose, in place of clause 3(c) of the contract.
The grievances of the petitioner is that till date the order dated 6.9.2008 has not been given effect to by the respondent No.4 and for this purpose the present petition has been filed.
As no reply has been filed, we finally dispose of this petition with the following directions :- 1.
Respondent No.4 shall look into the matter and if there is no impediment in implementation of the order dated 6.9.2008 then to give effect to the aforesaid order in letter and spirit within a period of 90 days from the date of communication of this order.
2.
In case the respondent No.4 finds some difficulty in the implementation of the order Annexure P-8, he either shall refer the matter to respondent No.2 or to pass a reasoned ....2 W.P.No.12602 of 2009 M/s Ram Awadh Yadav & anr.
State of M.P.& ORS.18.02.2014 order within the aforesaid period and to communicate the decision to the petitioner forthwith.
3.
In case the petitioner, remains aggrieved by the order, the petitioner shall be free to challenge the same in accordance with law.
No order as to costs.
(Krishn Kumar Lahoti) (U.C.Maheshwari) Judge Judge vj