M/S Rana Amrendra Electricals vs The State Of Bihar And Ors on 20 January, 2025

Patna High Court

M/S Rana Amrendra Electricals vs The State Of Bihar And Ors on 20 January, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.19096 of 2016
     ======================================================
     M/S Rana Amrendra Electricals, Patna through proprietor Rana Amrendra
     Kumar Singh, Son of Ran Haribansh Singh, resident of Gaya Niketan, Yarpur
     Shivaji Path, P.S. - Gardanibagh, District and in the Town of Patna.


                                                                 ... ... Petitioner/s
                                     Versus
1.   The State of Bihar though the Principal Secretary, Building Construction
     Department, Vishweshraiya Bhawan, Patna.
2.   The Electrical Chief Engineer, Building Construction Department,
     Vishweshraiya Bhawan, Patna.
3.   The Electrical Superintending Engineer, B.C.D., South Bailey Road, Patna.
4.   The Electrical Executive Engineer, Electrical Division No. 1, B.C.D., South
     Bailey Road, Patna.
5.   The Junior Engineer, Electrical Division No. 1, B.C.D., South Bailey Road,
     Patna.
6.   The Bihar Public Works Contracts Disputes Arbitration Tribunal through its
     Chairman at 3rd Floor Maurya Complex Budha Marg, Patna.


                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s      :     Mr. Raghwendra Sharan Pandey, Advocate
     For the State             :     Mr. K.K. Singh, A.C. to G.P.-22
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT
     (Per: HONOURABLE THE ACTING CHIEF JUSTICE)
     Date : 20-01-2025

                            Heard Mr. Raghwendra Sharan Pandey, the

      learned Advocate for the writ petitioner and Mr. K.K.

      Singh, the learned counsel for the State.

                            2. The petitioner, a contractor, had entered

      into an agreement with the Electricity Department for
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         carrying out repair works in the M.L.A. Flats with the

         stipulation that the work shall be concluded within a

         period of ten days.

                           3. The work order, dated 06.03.2012,

         indicated that the payments would be made on the basis

         of progress of work report attached with the bills, duly

         countersigned by A.E.E. as well as the custodian of the

         building.

                           4. By around 10.03.2012, the Government

         took a decision of dismantling all the M.L.A. Flats for

         constructing a multi-storied building.

                           5. This was communicated to the petitioner,

         which is being denied by him presently.

                           6. The matter was taken to the Bihar Public

         Works Contracts Disputes Arbitration Tribunal Act, 2008

         for a direction to the respondents to make good the

         payment of the bills raised by the petitioner.

                           7. The claim of the respondents is that the

         petitioner had not started his work till 10.03.2012 and
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         shortly, thereafter, he was instructed to cease any further

         repair for the decision of the Government to dismantle

         the houses. In fact, the respondents before the Tribunal

         asserted that a spot verification was made and it was

         found that no work had been started/executed till

         10.03.2012.

                           8

. There is also no entry in the measurement

book by the respondents.

9. The petitioner seeks to rest his claim on a

proceeding of Bihar Vidhan Sabha where an issue was

raised that the Government money is being mis-spent

over repairs, electrical and civil, even when the buildings

are under demolition.

10. In answer to the afore-noted question

on 28.03.2012, the Government responded that some

repair works have been done.

11. This, we are afraid, is no indication of

the petitioner having carried out the electrical repair

works in the concerned M.L.A. Flats.

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12. For the absence of any counter signature

of any one of the respondent authorities in the

measurement book and no certification of the work having

been completed, the claim of the petitioner remains only

an affidavit against a counter affidavit.

13. Though the learned counsel for the

petitioner has tried to impress upon this Court that the

entire work entrusted to him was executed by him, but

there does not appear to be any material for us to decide

the correctness of such claim.

14. In view of such situation, we do not find

any fault with the order passed by the Tribunal rejecting

the claim of the petitioner.

15. The writ petition is dismissed.

(Ashutosh Kumar, ACJ)

(Partha Sarthy, J)
Praveen-II/-

AFR/NAFR                   NAFR
CAV DATE                   N/A
Uploading Date             21/01/2025
Transmission Date          N/A