Deoyani Ghosh vs The State of Jharkhand & Ors

The present writ petition has been filed for issuance of direction upon the respondents to pay an amount of Rs. 18,21,725/- to the petitioner

against the work done by him in pursuance of agreement contained in letter no. 298 dated 14.08.2012.

Learned counsel for the petitioner submits that the petitioner participated in the notice inviting tender No. 02/2012-13 dated 12.05.2012 issued

by the office of Zila Parishad, Sahibganj, for execution of various construction works under its jurisdiction. Being a successful bidder, the petitioner

was allotted the work vide work order dated 09.08.2012(Annexure-1 to the writ petition) and an agreement to that effect was also executed

between the petitioner and the Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Sahibganj (the respondent no. 3)

for execution of the work mentioned in group no. 26 for construction of Nala from Chandsar to Rangmatia Part-1 Sahibganj. The case of the

petitioner is that he completed the work in question within the stipulated time as per the satisfaction of the respondent authorities, yet he has only

been paid Rs. 2,24,642/-. According to the petitioner, an amount of Rs. 18,21,725/- has not yet been paid to the petitioner for which he has

represented the respondent no. 3. However, till date, the balance amount has not been paid to the petitioner.

J.C. to learned A.G. while referring to the counter-affidavit filed on behalf of respondent nos. 2 to 9 submits that due to non availability of funds,

the admissible balance amount could not be paid to the petitioner for execution of the work in question.

Considering the aforesaid facts and circumstance, the petitioner is at liberty to move before the respondent no. 3, Deputy Development

Commissioner cum Chief Executive Officer, Zila Parishad, Sahibganj giving the details of his dues for the work in question. The respondent no. 3 in

turn is directed to take up the claim of the petitioner and pass appropriate order with regard to the payment of admissible dues to the petitioner for

execution of the work in question within a period of 12 weeks from the date of receipt/production of a copy of this order. If the respondent no. 3

finds that the claim of the petitioner is legitimate, the admissible amount shall be released in favour of the petitioner within a period of 8 weeks

thereafter.

The writ petition is disposed of with aforesaid liberty and direction.