CHHATTISGARH HIGH COURT
, J
M/s. Utkal Highways – Appellant
Versus
Executive Engineer – Respondent
| Table of Content |
|---|
| 1. termination of contractor due to lack of compliance (Para 1 , 2 , 3 , 4) |
| 2. arguments on maintainability of writ petition (Para 5 , 6) |
| 3. legal principles concerning principles of natural justice (Para 7 , 8) |
| 4. analysis of contract clauses and their implications (Para 9 , 10) |
| 5. final ruling on the validity of termination and natural justice (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 6. conclusion and decision on the writ petition (Para 18) |
1. By this writ petition filed under Article 226 of the Constitution of India petitioner M/s. Utkal Highways through its partners has questioned the propriety and correctness of the order dated 15-4-2004 whereby respondent No.2, the Executive Engineer has terminated the contract dated 11-3-2003 entered into between the Water Resources Department and the petitioner herein to execute the work of construction of Masonry Structures and earth work of main canal from 19 Km. to 26 Km. at the cost of Rs. 128 lakhs, on the ground that the alleged action of respondent No.2 is illegal, arbitrary and bad in law and the same has been passed without affording reasonable opportunity to the petitioner in violation of principles of natural justice.
2.
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