MURPHY THUMRAH CONTRACTOR Vs. STATE OF MANIPUR
HIGH COURT OF MANIPUR
Murphy Thumrah Contractor
STATE OF MANIPUR
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M.V MURALIDARAN,J. -
(1.) Heard Mr.MDevananda, learned counsel for the petitioner and heard also Mr. Lenin Hijam, learned Deputy AG for the respondents.
(2.) This writ petition has been filed by the petitioner seeking to quash the order dated 11.07.2016 passed by the second respondent and
to direct the respondents to conduct verification of the works completed
by the petitioner in view of the order dated 30.03.2016 passed in W.P.(C)
No. 242 of 2016 by affording the petitioner an opportunity and also direct
the respondents to pay a sum of Rs.11,77,866/-.
(3.) The case of the petitioner is that the fourth respondent issued Work Orders dated 08.08.2008 to the petitioner for (i) construction of
P/dam at Mare paddy field at KhamasomPhyngrel for Rs. 6,74,780/- and
(ii) construction of P/W a/c Pharang River at SihaiKahaophung for Rs.
5,03,086/- of Minor Irrigation Department, Manipur after according administrative approval of the Government of Manipur. The petitioner had
executed the work and after completion of the work, bills were not settled
by the respondent authorities though the Executive Engineer, Minor
Irrigation Division No.IV, Minor Irrigation Department prepared the final
payment of bill amount of Rs.11,77,866/- and forwarded the liability
statement/list of outstanding bills to the second respondent/Chief
Engineer, Minor Irrigation Department. Since the second respondent
failed to settle the undisputed amounts, the petitioner approached this
Court by filing W.P(C) No. 242 of 2016 praying inter alia for a direction to
the respondents to pay the total sum of Rs.11,77,866/-. By an order dated
30.03.2016, this Court disposed of the writ petition directing the second respondent or his authorised Executive Engineer to verify the undisputed
outstanding bill amounts within a period of three months from the date of
receipt of copy of the order and after verification of the undisputed bill
amounts payable to the petitioner, the same shall be released in favour of
the petitioner in accordance with seniority in completion of work.
However, after a lapse of four months from the date of passing order in
W.P.(C) No. 242 of 2016, the second respondent passed the impugned
order stating that the works were started only after the expiry of schedule
dates of completion of the works and no application for extension of time
was received from the petitioner and thus the Work Orders lapsed
automatically. Aggrieved by the same, the petitioner has filed the writ
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