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2021 Supreme(MP) 233

MOHAMMAD RAFIQ, PRAKASH SHRIVASTAVA
Alok Kumar Choubey – Appellant
Versus
State of M. P. – Respondent


Advocates:
Shekhar Sharma for petitioner;
Swapnil Ganguly, Deputy Advocate General for respondents/State.

ORDER

Rafiq, CJ -- 1. This writ petition has been filed by Alok Kumar Choubey challenging validity of the order dated 22.12.2018 (Annexure-P/11), passed by the respondent No.5 Divisional Project Engineer, Public Works Department, Project Implementation Unit, Division Seoni, Seoni (M.P.), whereby the amount of performance guarantee (security) submitted by the petitioner for the work of construction of 100 Seater Chhatravas Building at Lakhnadon, District Seoni including water supply, sanitary fittings and electrification etc. was forfeited.

2. Mr. Shekhar Sharma, learned counsel for the petitioner submits that the petitioner is a proprietorship Firm and is registered as a “C” class contractor with the respondent-Department. Being the successful bidder, the petitioner was awarded the work for construction of the aforesaid building and Letter of Acceptance (for short “LOA”) was issued in his favour on 2.6.2014. According to the terms of LOA, the petitioner was required to execute the entire work within 13 months excluding the rainy season. The cost of work was Rs.129.50 Lac. An

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