APARESH KUMAR SINGH,J. - (1.) Heard learned counsel for the petitioner and State.
(2.) The following prayer has been made by the petitioner: "(i) For commanding upon the respondents to release the Earnest Money, Security Deposit and outstanding amounts against the work done by the petitioner pertaining to the construction of Road from Butberiya Rajbandh to Kulkulidangal, Block Shikaripara, District Dumka, length-8.49 Km, vide Agreement No. 3-F2 of 0708 dated 02.04.2007, which has been illegally withheld by the respondents authority and (ii) For commanding upon the respondents authority to consider the representation dated 13.04.2016 filed by the petitioner and take a decision within stipulated period due to the delay, resulting immense financial hardship to the petitioner after timely execution of the work."
(3.) Counsel for the petitioner submits that the agreement has not been closed as would appear from the communication bearing Letter no. 234 dated 20th February, 2013 and Letter no. 993 dated 20th March, 2013 at Annexures-10 and 10/1 respectively between Superintending Engineer, Rural Works Department, Works Circle, Dumka and Chief Engineer, Department of Rural Works, Govt. of Jharkhand (Respondent no. 4) and also with Engineer-in-Chief, Department of Rural Works, Govt. of Jharkhand (Respondent no. 3). On account of use of heavy vehicles on a rural road which under specification of the agreement is unable to bear such a load, the Executive Engineer had requested for permission for foreclosure of the agreement as per Annexure: 9/1 dated 20th February, 2013 addressed to respondent no. 4. Petitioner has therefore approached the respondent no. 2 for foreclosure of the agreement and return of his Earnest Money, Security Deposit and outstanding dues towards execution of work, Annexure-12 dated 13th April, 2016.;