NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1024 of 2019  M/s Mohan Poddar, Engineers And Builders, Through Its Partner - Mohan Poddar, S/o Shri Vijay Poddar, Aged About 50 Years , Having Its Office At A/406, Crystal Arcade, Shankar Nagar, Raipur, Civil And Revenue District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Ministry Of Public Works, Mahanadi Bhawan Atul Nagar Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Chief Engineer, P.W.D. Department Ambikapur Division, Ambikapur Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

3. The Superintendent Engineer, P.W.D. Department, Ambikapur Division Ambikapur Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

4. The Executive Enginner, P.W.D. Department, Ambikapur Division Ambikapur Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondents (Cause-title is taken from Case Information System)

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For Petitioner : Mr. Vivek Chopda, Advocate.

For Respondents : Mr. Praveen Das, Deputy Advocate General ----------------------------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

18.03.2024

1. The petitioner has filed the instant petition seeking the following relief(s):-

“10.1. A writ and/or an order in the nature of writ of certiorari do issue calling the records from the respondent authorities pertaining to the petitioner’s case for its kind perusal, if deem fit in the facts and circumstances of the case.

10.2. A writ and/or an order in the nature of writ of mandamus do issue quashing the impugned order dated 08.02.2019 (AnnexureP-1) and order dated 10.02.2014 (Annexure P-8).

10.3 A writ and/or an order in the nature of writ of mandamus do directing the respondent state authorities to forthwith pay the legally admissible dues of the petitioner alongwith interest @ 18%

per annum from the date it became due till actual realization.

10.4. Any other relief which this Hon’ble Court may deem fit in the facts & circumstances of case.

10.5. Cost of the petition may also be awarded.”

2. The facts of the present case, are that the respondent State Authorities on 13.10.2009 invited online bids through the E-procurement Tender Notice for the construction of the Police Training School, Mainpat at Ambikapur. The petitioner participated in the said tender process and was declared successful. Thereafter, the letter of acceptance was issued on 15.02.2010 and an agreement was entered into between the parties. On 21.11.2013, the Superintendent of Police, Surguja inspected the site and modified the sanctioned map, therefore, the petitioner moved an application for the extension of time to complete the work on 01.12.2013, and the same was allowed by the department on 28.11.2013. On 10.02.2014, the department further extended time till 31.01.2014. The petitioner completed the work and raised the final bills but the amount of Rs. 96.432 lacs is still outstanding and the amount of the security deposit as well as the bank guarantee has also not been released.

3. Learned counsel for the petitioner would submit that on 08.02.2019, respondent No. 4 issued an order imposing the penalty of Rs. 40,53,000/- on the ground that the petitioner could not complete the work within the time period given in the agreement. He would further submit that the construction work was completed in the year 2014; the completion certificate was issued on 16.05.2018 by the respondent authorities; the final bills were already raised and part payment was made to the petitioner; and, without affording any opportunity of hearing to the petitioner, respondent No. 4 issued the order dated 08.02.2019 imposing therein the penalty of Rs. 40,53,000/-, which is illegal, arbitrary, mala fide and contrary to