Rajasthan High Court - Jaipur
M/S Prem Chand Suman vs State (P W D ) And Ors on 22 November, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CIVIL WRIT PETITION NO.19663/2015
S.B. CIVIL MISC. STAY APPL. NO.17296/2015
M/s Prem Chand Suman, "AA" Class Contractor, Jhalawar
Through Properiter Prem Chand Suman S/o Shri Onkar Lal
aged about 54 years R/o Old motor Garage, Jhalawar
Petitioners
Versus
1. State of Rajasthan through Secretary, Public Works
Department, Government of Rajasthan, Secretariat Jaipur.
2. Additional Chief Engineer, Public Works Department,
Government of Rajasthan, Division, Kota
3. Executive Engineer, Public Works Department,
Government of Rajasthan Division, Chhabra, District
Barra.
Non-Petitioners
DATE OF ORDER : : 22nd November, 2016
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
*******
Shri R.P. Garg for the petitioner.
## This petition has been filed by petitioner-M/s. Prem Chand Suman, "AA" class contractor, who was awarded work for construction of bypass road for Chhipabarod and Harnawda Shahji vide work order no.1366 on 1.2.2013.
Learned counsel for the petitioner submitted that though the petitioner has completed the substantial part 2 of the work, but in certain locations, the construction could not be carried out because the respondents failed to provide clear and vacant site to the petitioner and failed to obtain due permission from Forest Department. The charges of the petitioner have not been paid and petitioner has not been granted substantial extension for execution of remaining work with clear and vacant site and NOC from the Forest Department. Petitioner mas made various representations, but nothing has been done.
Having regard to the facts aforesaid, instead of directly entertaining the writ petition, petitioner is set at liberty to approach the Additional Chief Engineer, P.W.D., Kota, who shall look into the grievance of the petitioner and do the needful as warranted in law within a period of three months from the date of petitioner's approaching him along with copy of this order. If the grievance of the petitioner is not remedied, it would be open to him to take any other alternative remedy including by way of filing suit as in matter like this, writ petition is not maintainable.
The writ petition is disposed off accordingly. Stay application also stands disposed off.
(Mohammad Rafiq),J.
RS/69