ORDER :

(Ananda Sen, J.)

1. This writ petition by the petitioner is under Article 226 of the Constitution of India, praying for mandamus commanding upon the respondents to release the admitted dues payable to the petitioner in relation to NIT bearing Re-e-Tender No.20/2014 dated 13.08.2014 for construction of Dumargardi to Garo Road in the District of Deoghar. Further, a prayer has also been made to direct the respondents to permit the petitioner to complete the work as per the detailed project report prepared by the consultant.

CASE OF THE PETITIONER

2. The petitioner is a civil contractor. A road, under the Rural Road Project in the State of Jharkhand was to be laid/constructed. One of such contract was Dumargardi-Garo Road in the District of Deoghar, having a length of 1.6 k.m. at an estimated cost of Rs.76.18 lakh and the cost of maintenance for five years tuned at Rs.5.52 lakh. A notice inviting tender was issued being Re-e-Tender No.20/2014 on 13.08.2014, wherein, on amongst others the road from Dumargardi to Garo under Package No. JH03SIPL01 was to be constructed. The petitioner participated in the tendering process and was declared successful. Being the successful L-1 bidder, an agreement was executed on 12.02.2015 between the State and the petitioner for construction of the aforesaid road. The petitioner started making the construction, but, all of a sudden, vide letter No.1493 dated 18.09.2015, petitioner was stopped from executing the work. Petitioner stopped further construction pursuant to the aforesaid direction. The Executive Engineer, vide letter No. 9944 dated 19.09.2015 requested the Chief Engineer, JSRRDA to give permission in respect of construction of the road and sought permission to release payment to the extent of the work executed by the petitioner. Reminders, thereafter, were sent, but in vain. The Chief Engineer informed that the road, which was under construction, does not extend any benefit to the residents of Village Garo as the population of the said village is only 395 and the cut off population for construction of roads being 500, there is no justification of the construction of the said road, thus, directed the Executive Engineer to identify the erring Officers and take appropriate action against them. Considering the aforesaid fact, it is the case of the petitioner that several letters were written by the Executive Engineer to the higher authorities, seeking instructions in respect of making payment to the petitioner, for the work to the extent which has been done by him, but as the same has not been paid till date, the instant writ petition was filed, claiming payment for the work, which has already been done by the petitioner and also praying to direct the respondents to allow the petitioner to construct the remaining portion of the road, which is yet to be construction.

3. After the writ petition was filed, the respondents were directed to file counter affidavit. The respondents filed their counter affidavit, which was duly sworn by the present Executive Engineer, RDD (RWA) Work Division, Deoghar.

CASE OF THE RESPONDENTS

4. In the Counter Affidavit, the State has admitted the fact of floating a tender for construction and maintenance of road from Dumargardi to Garo under the PMGSY package in the District of Deoghar. The Project Report was prepared by one Shanvi Infrastructure Private Ltd., Noida, Uttar Pradesh, who was engaged by the Chief Engineer, JSRRDA, Ranchi. It is also admitted that the petitioner participated in the tender and the work was awarded to the petitioner. Work order was issued in favour of the petitioner, but the Executive Engineer, respondent No.4, found that the petitioner had started the work in a different alignment in PWD Road to Garo. Due to the above fact, the respondent No.4 asked the petitioner to stop all works. The respondent No.4 sought clarification from the higher officers. Guidance on several points were sought for. Ultimately vide letter No.1839 dated 7th O