JUDGEMENT
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(1.) The petitioners in this batch of writ petitions are the contractors. They were
allotted work for construction of residual earth work and P.C.C lining in different lots
between KM 22.50 KM to KM 53.76 of Galudih Right Main Canal in Kharkai Link
Canal Division, Musbani under the Subernrekha Multipurpose Project. Deeds of
Agreements were executed between the petitioners and the State-respondent. Works
to the extent of 60-65 % were executed as per the terms of the agreements. Suddenly
the respondent took decision to rescind their agreements. The decision was
communicated by the Chief Engineer, Project Monitoring and Planning, Water
Resources Department to the Chief Engineer, Subernrekha Multipurpose Project,
Adityapur by letter dated 5.5.2010 asking him to rescind the contract of the petitioners
in terms of the agreement and to inform the department. In all the writ petitions, one of
the prayers has been made for quashing the said order dated 5.5.2010. The
petitioners have also prayed for quashing the subsequent order whereby the
petitioners agreement was rescinded and the security money has been forfeited. The
practitioners have further prayed for an order for closure of the contract agreementwithout any liability and for a direction to release all the securities of the petitioners
taken in connection with their agreement. The petitioners have also alternatively
prayed for a direction to allow them to complete the remaining work at the modified
rate, which has now been offered to new tenderers.
(2.) In Contempt Case (Civil) No. 668/2011, the petitioner has sought for a suitable
action / punishment against the respondents opposite parties for proceeding in the
matter further by re-inviting e-Tender in spite of the interim order dated 15.6.2011 of
this Court passed in W.P.(C) No. 2642/2010 for not taking any step prejudicial to the
interest of the petitioner.
Facts
(3.) A tender was floated by the Executive Engineer, Kharkai Link Canal Division,
Musabani, District - East Singhbhum for construction of residual earth work and P.C.C
lining of Galudih Right Main Canal within the KMs, as aforesaid.;
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