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Judgment
Gautam Kumar Choudhary, J
The instant writ petition has been filed for quashing the order dated 16.08.2024 contained in memo no.1196 by which the claim of the petitioner for the balance amount of Rs.4,06,628/- in connection with the work Agreement No.23/F2/2007-08 dated 10.10.2007 and Agreement No.F-2-20/2010-11 dated 18.08.2010 for construction of Chandankiyari Rural Water Supply Scheme, has been rejected.
As per the case of the petitioner, the work with respect to both the agreements, were completed on 11th January, 2013. It is further case of the petitioner that the work as per the agreement was to be completed as per the work order on 09.04.2009, whereas the work as per the agreement no.F-2-20/2010-11 was to be completed on 21.11.2012.
It is argued by the learned counsel on behalf of petitioner that the delay in completing the work was on account of not handing over the C.I. pipe of the required dimension, wherein the extension time upto 30.04.2013 was granted by letter of extension, jointly signed by Junior Engineer, Assistant Engineer, Executive Engineer and Superintending Engineer. In this recommendation for extension of work, it has been specifically stated that the delay had occasioned due to non-clearance of site and non-supply of pipe of 150 mm – 200 mm dimension. This vindicates the plea of the petitioner that delay was on account of the laches on the part of respondents for which he has been wrongly denied the full payment by withholding Rs.4,06,628/-.
In view of the fact the delay in completion of the work cannot be attributed to the Petitioner, the impugned order dated 16.08.2024 is set aside, Respondent No.4 is directed to pass order afresh for release of the balance amount with interest with eight weeks from the receipt of the order passed by this Court.
Writ Petition is accordingly disposed of. Interlocutory Application, if any, is disposed of..