Indian Kanoon - Search engine for Indian Law

Orissa High Court

M/S. National Builders vs State Of Odisha & Others ..... Opposite ... on 10 March, 2023

Bench: B.R. Sarangi, M.S.Sahoo

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No.39867 of 2021

M/s. National Builders                   .....                                 Petitioner
                                                        Mr.Lalitendu Mishra, Advocate.
                                         Vs.
State of Odisha & others                 .....                          Opposite Parties
                                                                        State Counsel
              CORAM:
                  DR. JUSTICE B.R. SARANGI
                  MR. JUSTICE M.S.SAHOO

                                                ORDER

10.03.2023 Order2No. This matter is taken up through hybrid mode.

01.

2. Heard.

3. The present Writ Petition has been filed with the following prayer:-

"The petitioner, therefore, prays that your lordships would be graciously pleased to admit this writ petition, call for the records and after hearing the parties set aside the unilateral decision of levying/imposition of penalty and liquidated damage consequential of termination of contract by the opp.parties, held in the meeting dated 19.01.2019 which was communicated on dated 08.02.2019 by the Chief Executive Engineer, PMGSY to the Executive Engineer, Dhenkanal under Annexure-1 series and issue writ/writs in the nature of certiorari/mandamus and/or any other further writ/direction and direct the opposite parties to direct the opp.party not to impose penalty or any liquidated damage upon the petitioner, which is violative of principles of natural justice.

4. In course of hearing, learned counsel for the Petitioner states that highlighting his grievances, the Petitioner has made a representation to Opposite Party No.4 vide Annexure-11 series and the same may be directed to be considered within a stipulated time, to which learned Counsel for the State has no objection.

5. As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.4 to consider the representation filed by the petitioner vide Annexure-11 series, and pass appropriate order in accordance with law within a period of three months from the date of production of certified copy of this order.

Issue urgent certified copy as per Rules.

(DR. B.R. SARANGI) JUDGE (M.S. SAHOO) Ashok/Gs JUDGE Page 2 of 2