High Court Patna High Court - Orders

The State Of Bihar & Ors vs M/S Komal Construction on 2 August, 2011

Patna High Court – Orders
The State Of Bihar & Ors vs M/S Komal Construction on 2 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Letters Patent Appeal No.796 of 2009
                                            In
                      (CIVIL WRIT JURISDICTION CASE 7712/2008)

               01. The State Of Bihar through the Secretary, Water
                   Resources Department, Government of Bihar, Patna
               02. The Chief Engineer, Water Resources Department, Dehri
                   (Rohtas)
               03. The Superintending Engineer, Durgawati Circle, Bhitari
                   Bandh, Chenari, District- Rohtas (Sasaram)
               04. The Executive Engineer, Durgawati Right Side Canal
                   Division, Chenari Rohtas (Sasaram)
               05. The Deputy Director, Quality Control Division, Dehri
                   (Rohtas)
                                       ..... Respondents-Appellants
                                          Versus
               M/S Komal Construction, Chhawani, Mohalla Ward No.1
               Bhabhua (kaimur) through its partner Komal Singh son of
               Late Bachnu Singh, Ward No.1 (Chhawani Mohalla)
               Bhabhua District- Kaimur
                                       ..... Petitioner- Respondent


               For the Appellants:-      Mr. Piyush Lall, AC to AAG-1
               For the Respondent:-      Mr. Mrigank Mauli, Advocate
                               ----------------------------------

06. 02.08.2011 The matter arises out of the dispute

between the appellant State and the respondent-

contractor with regard to levy amount of Rs.

15,41,119/- vide Memo No. 430 dated 4.10.2007

(Annexure-17 to the writ petition) issued by the

Executive Engineer, Durgawati Right Side Canal

Division, whereby the respondent has been asked to

refund the amount alleged to have been excess paid

following the direction of this Court in C.W.J.C.

No.7309 of 2006.

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The main contention on behalf of the State

Mr. Piyush Lall is that there was a dispute with

regard to execution of the work by respondent-

contractor and also with regard to the quality of the

soil, whether it is soft and hard. As the disputed

question of facts have been involved in this case the

respondent has to approach the concerned Tribunal

under the Bihar Public Works Contract Dispute

Tribunal Act, 2008.

Learned counsel appearing on behalf of the

respondent submits that in view of the order passed

by this Court in C.W.J.C. No. 7309 of 2006 a

representation has been made on the question of

demand. Accordingly the said representation was

disposed of. This Court is of the opinion that there

are disputed question of fact which has to be

decided by an individual Forum as this Court is not

an appropriate Forum under Article 226 of the

Constitution of India to go into the disputed

question of facts.

Under the aforesaid circumstances it

would suffice if the appellant State is directed to

approach the Tribunal under the provision of the Act

indicating facts of its case and the Tribunal shall

dispose of the same in accordance with law. Liberty
3

is also granted to respondent contractor to contest

the matter before the Tribunal by filing an

appropriate reply. It is also made clear that Tribunal

shall dispose of the matter as per the law and till the

order is passed by the Tribunal no coercive steps

shall be taken against the respondent herein.

With the above observation the L.P.A.

stands disposed of.

(T. Meena Kumari, J.)

(Vikash Jain, J.)
P.K.