Anil Kumar Biswal vs Government of Odisha & Others

Since the parties involved are same with identical cause of action, the matters have therefore been clubbed together for its disposal by the following order.

Heard learned counsel for the petitioner and learned counsel for the State-opposite parties.

Instant writ petitions are filed by the petitioner assailing the impugned orders/letters dated 31st May, 2023 of opposite party No.4 vide Annexure-2 for the reason and on the grounds stated therein.

In obedience to the order dated 12th June, 2023 of this Court, the petitioner has filed separate affidavits dated 13th June, 2023 affirming therein that he is ready and prepared to complete the construction works before the extended period i.e. 30th September, 2023.

In so far as the contention of the petitioner is concerned, it was by virtue of and on strength of an agreement dated 23rd March, 2022, a copy of which is at Annexure-1. It is submitted by the learned counsel appearing for him that the petitioner was required to complete the construction work within the stipulated time expiring on 22nd February 2023, however, later on, it was extended till 30th September, 2023. It is contended that before the expiry of the original contract period, the agreement was rescinded in the month of January, 2023, nevertheless, it was extended till 30th September, 2023, but was intervened by the impugned order under Annexure-2. It is also submitted that the petitioner was able to complete the construction work before the extended period, however, the opposite parties directed him to attend on the date fixed for final measurement of the work latter to Annexure-2 which is alleged to be arbitrary and illegal. As earlier stated, the petitioner has filed the separate affidavits reiterating his claim to complete the contractual work at any time before the date and by the end of September, 2023.

In reply and while responding to the affidavits of the petitioner, learned counsel for the opposite parties submits that if the Court is inclined to permit the petitioner to continue with the construction work, it should be subject to conditions imposed with a liberty for them to proceed against him according to law, if ultimately, the work is not accomplished within the extended period before 30th September, 2023.

Admittedly, as according to Anneuxre-1, the petitioner was to complete the construction work by 22nd February, 2023. It is also not in denial that the contractual period was extended up to 30th September, 2023 though initially the agreement was rescinded in January, 2023. It is also a fact that before expiry of the extended period, the opposite parties directed the petitioner to attend for the final measurement of the works as it is evident from Annexure-2 followed by an intimation dated 6th June, 2023.

In such view of the matter, having regard to the facts and circumstances of the case and contentions of the respective parties and appreciating the affidavits filed by the petitioner today in Court, it is of the view that he should be allowed to go ahead with the construction works for its completion within the extended period and to accomplish it on or before 30th September, 2023. In other words, the Court, taking into account the facts on record and the affidavits, is inclined to permit the petitioner to continue with the construction work but subject to conditions as to the following.

Accordingly, it is ordered.

In the result, the writ petitions stand allowed. Consequently, the petitioner is hereby permitted to proceed with the respective construction work and to conclude it within the extended period by 30th September, 2023 subject to the following condition, such as, he shall submit a detailed plan layout indicating therein about the schedule and the progress to be achieved in respect thereof within the rest period but before 30th September, 2023. It is directed that in the event, such revised plan is submitted by him within a week from today, the opposite parties shall permit the petitioner to continue with the construction works. It is also directed that in the event, 90% of the works if not accomplished before a fortnight from the last date of expiry of extended period i.e. 30th September, 2023, the opposite parties shall be at liberty to take an independent decision and regarding its future course of action vis-à-vis the subject matter in question. As a necessary corollary, the impugned orders/letters dated 31st May, 2023 of opposite party No.4 vide Annexure-2 are resultantly quashed.

An urgent certified copy of this order be issued as per rules and in course of the day.

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