RANCHI, India, June 13 -- Jharkhand High Court issued the following order on May 12:

1. Petitioner, in these writ petitions, has prayed for issuance of appropriate writ, order or direction, including a writ in the nature of certiorari, for quashing the orders dated 22.11.2018 passed in Certificate Case Nos. 17 of 2018-19, 18 of 2018-19, 19 of 2018-19 and 20 of 2018-19 by the Additional Collector-cum-Certificate Officer, Pakur whereby and whereunder the Executive Engineer, Road Construction Department, Road Division, Pakur has been directed to recover the amounts of Rs.1,20,60,142/-, Rs.2,35,54,148/-, Rs.2,67,63,119/- and Rs.1,24,73,843/- respectively from the petitioner within a period of one month from the date of receipt of the order.

2. The brief fact of the case is that the petitioner was selected by the Road Construction Department in Pakur for the road work contracts after being selected as the lowest bidder and paid the required deposit. However, the petitioner could not complete the work within time. The authorities issued show-cause notices and cancelled the contracts.Thereafter, the department initiated recovery proceedings, but all such proceedings were dismissed as not maintainable. Thereafter suits being original suit No. 18/2017, 19/2017, 20/2017 and21/2017 were filed for recovery of amounts but the same were also dismissed. Then the certificate cases were filed by the respondents and vide order dated 22.11.2018 the Department has been directed to recover the amounts from the petitioner within a period of one month from the date of receipt of the order. Hence the petitioner has filed these writ petitions.

3. Learned counsel for the petitioner submits that the delay in execution of the work was entirely due to the failure and negligence of the respondent authorities. As per the petitioner, due to various problems such as incomplete land acquisition, delay in approvals, lack of coordination between departments, forest clearance issues, and continuous obstruction by local villagers, the petitioner could not complete the work within time. He further submits that cancellation of the agreements was arbitrary and without proper justification. He also submits that the final recovery orders passed in 22.11.2018 were issued without giving the petitioner any notice making it wholly arbitrary, unlawful, and unsustainable in law.

4. Learned counsel for respondents submits thatthe petitioner failed to make satisfactory progress due to his own negligence, including not deploying adequate technical staff, machinery, or materials, and not maintaining necessary work-site facilities, despite repeated instructions, notices, and show-cause letters given to him. He further submits that the majority of land required for the works was made available, and there were no major obstacles. The delays were primarily attributable to the petitioner. He further submits that the petitioner failed to exhaust alternative remedies under law and has approached the court without justification. He also submits that all actions taken by the respondents, including termination of contracts and recovery of dues, were lawful and in accordance with terms and procedures.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WiijUFqYevOb34wjO6dNduNMvv5YF8fZ4t8db5BraRs%2B&caseno=WPC/273/2019&cCode=1&cino=JHHC010014342019&state_code=7&appFlag=)

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