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2012 Supreme(Jhk) 1607

N.N.TIWARI
Bandhu Construction Pvt. Ltd. – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the petitioner:Mr. Manoj Tandon, Advocate Mr. Shiv Shankar Kumar, Advocate
For the State : J.C. to A.G.

JUDGMENT

In this writ petition, the petitioner has prayed for quashing the decision of the Executive Engineer, Kharkai Dam Division No.1, Musabani, Singhbhum East (respondent no.7) contained in letter no.133 dated 10.3.2011, whereby the petitioner was informed regarding action being taken for cancellation of the petitioner's agreement with the department. The petitioner has further prayed for quashing the order dated 5.5.2010 and directing the respondents to act in accordance with the terms and conditions of the agreement dated 17.12.2004, refund security money of the petitioner and pay the amount for the work which has been completed by the petitioner.

2. According to the petitioner, on selection in the tender for the construction of canal in Swarnarekha Project, two agreements were executed by the respondents in favour of the petitioner dated 17.12.2004 for construction of cross drainage works at Galudih Right Main Canal from Kilometer 32 to Kilometer 55. The work orders were issued to the petitioner on the same date vide letter nos. 885 and 886, of the office of the Executive Engineer, Kharkai Canal Division No.1, Musabani.

3. The petitioner started the work and completed almost











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