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2023 Supreme(Ker) 80

SHAJI P. CHALY
Mohammed Ahnas. B, S/o B Abbas – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.K.SUMOD, U.P.BALAKRISHNAN
For the Respondent: SRI. K.V. MANOJ KUMAR, adv

JUDGMENT :

The petitioner is a contractor. The grievance raised in the writ petition is in respect of the dismissal of the claim raised by him for differential price of bitumen on the basis of the contract in question due to price fluctuation during the tenure of the contract. The claims are raised on the basis of Exhibits P1 to P4 Government Order/Revised Government Orders issued by the State Government on various dates.

2. The basic material facts for the disposal of the writ petition are as follows:

The petitioner had been awarded the work of improvement to Nellikatta Karamathodi Road Km 7/000 to 10/9000 in Kasaragod District having an estimated cost of more than Rs.4 crores. The last date of tender submission was 28.10.2020 and the bid opening was on 02.11.2020; and finally the agreement was executed on 21.12.2020. It is the further case of the petitioner that he finished the said work and the final bill was submitted to the Executive Engineer, Public Works Department, Pulikkunnu, Kasaragod, respondent No.6. The contention put forth by the petitioner is that in respect of road works, the respondents are already under obligation to allow the cost escalation due to price difference

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