- (1.) THE writ petitioner came with the case that Central Sponsored Project, namely, Accelerated Power Development Programme (A.P.D.R.P) was assigned to the petitioner for augmentation, renovation etc. of the transmission lines in the township of Katras and Jamtara which was executed by the petitioner and got completed in March, 2010. After its completion, State Electricity Board started drawing power through newly laid transmission lines. As per the agreement, payment was supposed to be made on the pro -rata basis meaning thereby that the payment was to be made time to time on completion of part of the project but it was not only ignored by the Board completely, rater even after completion of the project, payment was not made, though one committee constituted for verification of the project did certify that the APDRP project has been completed in accordance with the specification and the Board is drawing power through transmission line. On such certificate, even the Chairman took a decision to make payment to the petitioner. But when the payment was not made to the petitioner, there was no option left with the petitioner but to approach this Court, vide, W.P.(C) Nos. 4878 of 2010 and 4881 of 2010 for a direction to the respondents to make payment of the claim of the petitioner as per the terms of the contract.
(2.) AFTER hearing learned counsel appearing for the parties, both the aforesaid writ applications were disposed of on 3.11.2010 with a direction to the petitioner to lay his claim before the Chairman, Electricity Board, Ranchi, so that decision be taken by the Chairman in the matter of payment in accordance with the terms and conditions of the contract within a period of four weeks. Pursuant to that decision, representation was made before the Chairman, Electricity Board on 20.11.2010, but when no decision was taken, two contempt petitions bearing nos.13 of 2011 and 14 of 2011 were filed on 7.1.2011.
(3.) SUBSEQUENT to filing of the aforesaid two contempt petitions, an Interlocutory Application bearing no.125 of 2011 was filed in W.P (C) No.4878 of 2010 stating therein that some deficiency has been found in the project which was laid down by the petitioner, assessment of the extent of the deficiency would atleast consume two months time and hence, prayer was made to grant two months time for taking decision in the matter.;