- (1.) Seeking quashing of letter dated 09.04.2013, the petitioner has preferred the present writ petition.
(2.) Awarded the work on the basis of an agreement dated 22.02.2009 for construction of residual earth work lining and structures in OL7 (Mahulia Minor) K.M. 8.250 of Mahulia Distributory, the petitioner has claimed that though, the clearsite free from all encumbrances, was not provided to the petitioner and therefore, the work could not be completed in time, vide letter dated 09.04.2013 a decision has been taken to terminate the contract.
(3.) Mr. Manoj Tandon, the learned counsel appearing for the petitioner submits that, though it has been accepted in letter dated 09.04.2013 that about 30% of work has been completed by the petitioner however, no payment has been made to the petitioner. Referring to letter dated 08.03.2013 it is submitted that, admittedly either the land was not acquired or compensation was not paid to the land owners till 08.03.2013 and thus, it is apparent from the record of the respondents that the petitioner faced difficulties in execution of the work under contract due to reasons attributable to the respondents.;