- (1.) HEARD JC to Mrs. Ritu Kumar, learned counsel for the petitioner and JC to AG for the respondent State.
(2.) THE petitioner in this writ application has prayed for quashing the letter no. 583 dated 6.7.2007 (Annexure -5) issued by the respondent Executive Engineer, Building Division, Godda by which, the Agreement No. 27 F 2/05 -06 entered into between the petitioner and the respondent authorities has been cancelled. A further prayer has been made to direct the respondents to allow the petitioner to complete the work in pursuance of the aforesaid Agreement on the ground, that the petitioner has already executed the part of the work order. From the facts submitted, it appears that the Building Construction Department of the State Government had invited a tender for construction of a hundred bed Sadar Hospital at Godda for Health Department, including the work of water supply and electrification of the hospital. The petitioner submitted his tender which was accepted and the work pertaining to the estimated cost of Rs. 2,55,62,304/ - was allotted to him. The Agreement referred to above was thereafter executed by and between the petitioner and the representative of the respondent Building Construction Department. It further appears that pursuant to the allotment of the work order, the petitioner had initiated miscellaneous work namely construction of the boundary wall. However, no further progress beyond the construction of the boundary wall could be made on account of the fact that the lay out plan along with the building map for construction of the hospital building, could not be made available to the petitioner by the Building Construction Department. The petitioner filed a writ application before this court vide W.P.(C) No. 3100 of 2007 praying for a direction to the respondents to supply the requisite maps and also to revise the rates in respect of the work allotted to him. The writ was disposed of on the assurance of the counsel for the respondent State that lay out plan would be furnished as expeditiously as possible.
(3.) IT appears from the averments made in the counter -affidavit of the respondents, that subsequently, the scheme under which the hundred bed hospital was to be constructed, was itself withdrawn by the State Health Department and the funds allocated for the construction of the earlier proposed hundred bed hospital, was also recalled by the Health Department. Consequently, the impugned notice was issued by the respondent authorities of the Building Construction Department, intimating the petitioner that the scheme under which the work was allotted to him, having been recalled, construction cannot be pursued any further. It also appears from the counter - affidavit of the respondents that payment towards the work which was already executed by the petitioner was duly made to him.;