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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S. Ramachandra Rao, CJ., DEEPAK ROSHAN, J.
Jitendra Singh S/o Late Brahmdeo Singh – Appellant
Versus
Secretary, Drinking Water and Sanitation Department, Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner awarded contract details. (Para 1 , 2 , 3) |
| 2. petitioner claims dues from the respondents. (Para 4 , 5) |
| 3. respondents' inaction and delay in payment addressed. (Para 6 , 10 , 12 , 14) |
| 4. court's analysis on delay and laches. (Para 7 , 8 , 9) |
| 5. respondents' late defense is an afterthought. (Para 11 , 13) |
| 6. respondents estopped from denying payment. (Para 15 , 16) |
| 7. governments as ideal litigants; fairness required. (Para 17 , 18) |
| 8. writ petition allowed with payment directions. (Para 19) |
JUDGMENT :
M.S. Ramachandra Rao, C.J.
1. The petitioner in the writ petition was awarded a contract by the Department of Drinking Water and Sanitation Division, Hazaribag under the National Rural Drinking Water Programme (NRDWP) for construction of Mini Rural Pipe Water Supply System in village Barikola Jhonjhi vide a contract dt. 06.03.2013 and in another village-Dato Kala also on the same date (Annexures-1 & 2).
2. Pursuant thereto, work orders were issued and the petitioner completed the works and handed over the Mini Rural Pipe Water Supply System to the authorities in both the villages and has filed Annexure-3 letter dt. 15.04.2017 in support of the same.
3. Petitioner ha
Government must fulfill contractual obligations and cannot use delay as a defense when their own inaction causes the delay; courts uphold citizens' claims against unfair government practices.
Excessive delay in approaching the court undermines writ jurisdiction, necessitating dismissal of claims lacking timely justification.
Delay and laches cannot be invoked by the government to deny an admitted claim for payment, emphasizing the need for timely compensation to contractors.
The court will not entertain petitions filed after excessive delay, as it undermines the rights of other parties and contradicts the principles of equitable jurisdiction.
The principle of delay and laches precludes a litigant from being entertained for judicial relief when there is excessive delay without adequate justification, impacting the rights of other parties.
State and instrumentalities jointly liable for admitted dues on executed and accepted public works; cannot withhold payments citing no privity, paucity of funds or delays, violating Article 14; must ....
State cannot withhold admitted dues for executed and accepted public works citing paucity of funds or lack of privity among instrumentalities; violates Article 14, warrants interest on delay.
State and instrumentalities cannot withhold admitted dues for executed and accepted works on paucity of funds or privity pleas; violates Article 14; writ maintainable; interest payable for arbitrary ....
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