- (1.) All these writ petitions filed by same Petitioners arising out of same contract granted to the Petitioner, have been heard together and are being decided by this common judgment.
(2.) We have heard Sri Shashi Nandan, learned Senior Advocate, assisted by Sri Ashok Kumar Pandey for the Petitioner and Sri R.B. Pradhan, learned Additional Chief Standing Counsel appearing for the State Respondents. Learned Counsel for the parties have submitted that writ petition No. 22317 of 2011, which has been lastly filed be treated as leading writ petition. The counter affidavit has also been filed in the said writ petition.
(3.) Brief facts of the case which emerged from pleadings of the parties are as follows. The Petitioner firm is a proprietorship firm which is registered with Public Works Department as a class 'A' contractor. A contract was awarded by the Public Works Department to the Petitioner for widening and strengthening of Varanasi-Shakti Nagar road from Km. 37 to 98. Contract bond was issued on 24.1.2009 according to which the date of the start of the work was 24.1.2009 and date of completion was 23.1.2011. The Petitioner started construction works in terms of the agreement. In the bill submitted by the Petitioner, Respondents deducted 1% ascess. The Petitioner filed writ petition No. 1055 of 2011, praying for a writ of mandamus restraining the Respondents from recovering 1% of the amount of the estimated costs of construction works ascess from the bill. Another writ petition No. 3373 of 2011 has been filed by the Petitioner on 18.1.2011 praying for a direction in the nature of mandamus, commanding the Respondents to provide no objection certificate to the Petitioner or its employer Public works Department so that the Petitioner may complete the construction works/widening and strengthening of road. The Petitioner's case in the writ petition is that Forest Department has not issued no objection certificate due to which the Petitioner is suffering loss. The Petitioner submitted representation. The Executive Engineer vide letter dated 19.4.2011 wrote to the Prabhagiya Banadhikari Mirzapur for obtaining no objection certificate with regard to strengthening and widening of the Varanasi-Shakti Nagar Road. The Chief Conservator of Forest has forwarded the proposal to the State Government so that necessary no objection certificate be obtained under the Forest Conservation Act, 1980.;