M/s Sarvodaya Enterprises vs The State Of Jharkhand & Ors.

Heard learned counsel representing the petitioner and learned counsel representing the respondents.

In this writ petition, the petitioner - Firm is claiming Rs.2,46,816/-, which is the balance amount for undertaking construction of road from Mahuatand to Hazaribag Border at Mungo Rangamatti Panchayat under Nawadih Block (L-0.480 Km), along with interest @ 8% from 21.10.2020.

It is the case of the petitioner - Firm that the petitioner - Firm completed the aforesaid work, but they have not been paid the entire amount.

Learned counsel representing the petitioner - Firm submits that the respondent - State has also admitted that works have been completed two years ago and the petitioner - Firm is entitled for payment of dues, which is evident from the Letter as contained in Memo No.909 dated 08.05.2023 (Annexure-4 to the supplementary affidavit). He refers to the order dated 25.06.2024 passed by the Division Bench of this Court in W.P.(C) No.3875 of 2023 [M/s Prem Construction Vs. The State of Jharkhand & Ors.]. He submits that in the aforesaid writ petition, one M/s Prem Construction had approached this Court for the self-same relief and the said writ petition stood allowed and after passing of the said order, the said writ petitioner - M/s Prem Construction has been paid the amount along with interest. By referring to the chart at page-6 to 9 of the supplementary affidavit, he submits that in the aforesaid chart, which is prepared by the Department, the name of petitioner - Firm, finds place at serial No.17 and whereas the name of writ petitioner in W.P.(C) No.3875 of 2023, finds place at serial No.40. He submits that in all respects, the instant case of this petitioner -Firm is exactly similar to that of the case of M/s Prem Construction (supra), being W.P.(C) No.3875 of 2023. He finally submits that on the aforesaid backgrounds, the petitioner - Firm is entitled for payment of the balance amount.

The respondent - State cannot oppose the aforesaid facts.

Considering the fact that the case of this petitioner -Firm is exactly similar to that of the case of M/s Prem Construction (supra), the instant case is also disposed in terms of order dated 25.06.2024 passed by the Division Bench of this Court in W.P.(C) No.3875 of 2023.

A direction is thus issued to the Department of Home, Prison and Disaster Management, Government of Jharkhand, to ensure payment of Rs.2,46,816/-, with interest @ 8% per annum, from 21.10.2020. The direction for payment of interest is being made because of the reason that the amount could have been utilized by the petitioner - Firm, for its business, which the respondents have deprived.

The entire payment should be made within eight weeks, from the date of receipt of copy of this order.

With the aforesaid observations and directions, this writ petition stands allowed.