Abhilasha, & Ors. vs Union of India, & Ors.

Heard learned counsel for the petitioner and the State

representing Respondents.

Petitioner on the basis of Annexure-4, letter dated 29.1.2016

and Annexure-5 dated 4.2.2016 submits that work for construction of

Over Head Tank in New Police Line, Ranchi under agreement no.

10F2/2009-2010 for a value of Rs. 78,76,667/- has been completed

on 25.7.2012 against the date of completion of work i.e., 4.6.2010, as

per the agreement. Final bills have also been prepared. Application

for refund of earnest money and security deposit have been made

and recommended by the Junior Engineer, Assistant Engineer and

Executive Engineer, as evident from Annexure-5 itself. However

despite the fact that defect liability period is over as per the

communication between the Assistant Engineer, Jharkhand Police

Housing Corporation Ltd. and the Executive Engineer of the

Corporation (Annexure-4), the same is not being refunded. Therefore,

petitioner is compelled to approach this Court after representation at

Annexure-3/1 dated 4.12.2015, has remained unredressed.

Learned counsel for the Respondent- State submits that

instructions have not been received in the matter as yet. However,

petitioner may be directed to approach the competent authority

under the Respondents, Jharkhand Police Housing Corporation Ltd

with a fresh representation with all supporting documents for

redressal of its grievance, which may be considered in accordance

with law after scrutiny of the record, satisfactory execution of the

work and terms and conditions of the agreement.

Having heard learned counsel for the parties in the light of

relevant material facts noticed above, this Court in exercise of writ

jurisdiction, is not inclined to determine the issue relating to

payment of dues under agreement / work order executed between

the parties, which may depend upon questions of fact disputed and

terms and conditions of the agreement. However, in case the

petitioner files a fresh representation before the competent

authority / Managing Director, Jharkhand Police Housing

Corporation Limited, Respondent no.1 duly supported with

necessary facts and documents, the competent authority/

Managing Director, Jharkhand Police Housing Corporation Limited

would consider the same in accordance with law after scrutiny of

the relevant record, terms and conditions of the agreement / work

order and satisfactory execution of the work also on the part of the

petitioner within a reasonable time, preferably 12 weeks from the

date of receipt of the copy of this order. In case the dues are found

to be admissible, the same would be released thereafter within a

reasonable time.

The writ petition is disposed of accordingly.