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2024 Supreme(Jhk) 1082

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Shree Chandrashekhar, Navneet Kumar
A. K. Builders – Appellant
Versus
State of Jharkhand through the Secretary, Water Resources Department – Respondent


Advocates Appeared:
For the Petitioner:Ms. Aparajita Bhardwaj, Advocate, Mr. Kushal Kumar, Advocate
For the Respondent: Mr. M. K. Dubey, AC to AG

JUDGMENT :

Shree Chandrashekhar, A.C.J.

Aggrieved by the direction contained in the letter dated 15th February 2021 issued by the Executive Engineer requiring M/s A. K. Builders not to continue with the works under Agreement No. SBD-IFB-07/19-20, the petitioner-Firm has approached this Court.

2. In the writ petition, the following prayers have been made:

I. For quashing and setting aside the order as contained in letter no. 58 dated 15.02.2021 (Annexure-8), by the office of Executive Engineer, Irrigation Division, Pakur, respondent no. 5 whereby and whereunder the said respondent has in reference to some oral instructions given by the respondent no. 2 in the most arbitrary and illegal manner has ordered to stop the work in lieu of agreement no. SBD-IFB-07/19-20 till further orders and no order for resumption has been passed only at the instance of the Secretary, Water Resources Department which is completely dehors the jurisdiction of the said authority moreover he is not even privy to the agreement and no law/rules or provisions gives such power to him, which is in the teeth of the pronouncements of the Hon’ble Supreme Court and the Courts of the land.

II. For constituting an independe

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