Himachal Pradesh High Court
M/S Geeta Ram Subash Chand Gard Having vs State Of Himachal Pradesh Through on 25 October, 2021
Bench: Tarlok Singh Chauhan, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 25th DAY OF OCTOBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION NO 6435 OF 2021
BETWEEN:
1. M/S GEETA RAM SUBASH CHAND GARD HAVING
PRINCIPAL PLACE OF BUSINESS AT HOUSE NO.1, GARG
NIWAS, SWARGHAT, TEHSIL SHRI NAINA DEVI JI,
DISTRICT BILASPUR (H.P.)
THROUGH ITS MANAGING PARTNER
SH. ANKIT GARG, S/O LATE SH. SUBHASH CHAND
R/O HOUSE NO.1, GARG NIWAS, SWARGHAT, TEHSIL
SHRI NAINA DEVI JI, DISTRICT BILASPUR (H.P)
2. SH. ANKIT GARG, SON OF LATE SH. SUBHASH CHAND
R/O HOUSE NO.1, GARG NIWAS, SWARGHAT, TEHSIL SHRI
NAINA DEVI JI, DISTRICT BILASPUR (H.P.)
3. SH. KANAV GARG, SON OF LATE SH. SUBHASH CHAND R/O
HOUSE NO.1, GARG NIWAS, SWARGHAT, TESHIL SHRI
NAINA DEVI JI, DISTRICT BILASPUR (H.P.)
4. SMT. AMITA GARG, WIFE OF LATE SH. SUBHASH CHAND
R/O HOUSE NO.1, GARG NIWAS, SWARGHAT, TESHIL SHRI
NAINA DEVI JI, DISTRICT BILASPUR (H.P.)
........PETITIONERS
(SH. SUNEET GOEL, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
PRINCIPAL SECRETARY (PW) TO THE GOVERNMENT
OF HIMACHAL PRADESH, H.P. SECRETARIAT, CHOTTA
SHIMLA, SHIMLA-171002(H.P)
2. ENGINEER-IN-CHIEF, HIMACHAL PRADESH,
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NIRMAN BHAWAN, NIGAM VIHAR, SHIMLA-171002 (H.P)
3. CHIEF ENGINEER, HAMIRPUR ZONE HPPWD,
.
HAMIRPUR (H.P.)
4. EXECUTIVE ENGINEER, DIVISION NO. II
HPPWD, BILASPUR, DISTRICT BILASPUR, (H.P)
.......RESPONDENTS
(BY SH ASHOK SHARMA, ADVOCATE GENERAL
WITH MR. RAJINDER DOGRA, SR. ADDITIONAL
ADVOCATE GENERAL, MR. HEMANSHU MISRA
AND MR. SHIV PAL MANHANS, ADDITIONAL ADVOCATE
GENERALS AND MR. BHUPINDER THAKUR, DEPUTY
ADVOCATE GENERAL FOR R-1 TO R-4)
This petition coming on for orders this day, Hon'ble Mr.
Justice Tarlok Singh Chauhan, delivered the following:-
ORDER
The instant petition has been filed for the grant of following substantive reliefs:-
a. Call for the records pertaining to the case;
b. Quash the letter dated 30.09.2021 annexure P-20 whereby the request for enlistment of the partnership concern as Class-A Contractor has been returned as unapproved and direct the respondents to further process the request/representations of the petitioners to change the constitution/status of M/s Geeta Ram Subhash Chand Garg ( a sole ::: Downloaded on - 31/01/2022 23:13:21 :::CIS proprietorship concern of their predecessor-in- interest namely late Sh. Subhash Chand an enlisted .
Class-A Firm/Contractor with Himachal Pradesh Public Works Department ) from sole proprietorship concern to partnership concern and for substituting them in place of their predecessor-in-interest consequent to his demise on 19.07.2021 after hearing the petitioner in accordance with law; c. Quash and set-aside the termination letters dated 28.09.2021 and 1.10.2021 ( Annexure P-21 collectively ) as being illegal, arbitrary and unjust and further direct the respondents to permit the petitioners to execute the remaining ongoing work(s) awarded to M/s Geeta Ram Subhash Chand Garg being legal representatives/heirs of deceased Sh.
Subhash Chand and his proprietorship concern.
2. Record reveals that the predecessor-in-interest of the petitioner i.e. father, was awarded the following reliefs;-
a. Up-gradation of Swarghat to Jeoripattan (L-077) from K. 2/540 to 12/040. ( Sh:F/C, R/walls, b/wall, Cross drainage structures, M/T, C.C. precast concrete pavor block, Parapets and road structure i/c five years maintenance ) under PMGSY World Bank RRP-II, Batch-1 for the year 20-18-19.
a. C/o Link road from Kharkadi Bater Km. 0/0 to 4/240 (SH:
F/C. C.D., GSB, B.C. Road side drain, parapets and Km.::: Downloaded on - 31/01/2022 23:13:21 :::CIS
stones Km. 0/0 to 4/240 ( L-123) i/c Five year maintenance Package No. HP-01-159 ) under PMGSY for the year 2018- .
19 Batch-II Collaboration regular PMGSY.
b. A/R & M.O. to Guru Ka Lahore Tarsooh road Km. 0/0 to 12/0 ( SH: Repair of pot holes in Km. 8/0 to 12/0).
c. Annual maintenance Plan for the year 2021-22 (VR) on Swarghat Manjher via Matnoh Road Km. 0/0 to 5/950 ( SH:
Providing and laying 30 mm thick Bituminous Concrete ( VR-0211).
d. Annual Maintenance Plan for the year 2021-22 ( Major District Road ) (SH: Providing and laying 30mm thick Bituminous Concrete on SNB Road Km. 4/0 to 8/0. e. A/R and M.O. on CMM road NH-205 km. 86/0 to 127/0 (SH:
Mixing of Bituminous Material for patch work in Km.94/0 to 105/0.
f. A/R and M.O. to SNB Road Km.0/0 to 13/0 ( SH: Improvement of depressed portion on SNB Road by providing Metalling and tarring in Km. 10/155 to 10/160).
g. A/R and M.O. to Guru Ka Lahore Tarsooh Road Km. 0/0 to 12/0 ( SH: Repair of pot holes in Km. 4/0 to 8/0). h. All the pending works under Division No. 2, Bilaspur HPPWD of Firm.
3. Unfortunately, father of the petitioner has died and was survived by the petitioners No. 2 to 4 (sons, wife and daughter namely Shakshi Sharma). Out of the aforesaid nine works, the petitioner was permitted to continue with the works enumerated at ::: Downloaded on - 31/01/2022 23:13:21 :::CIS serial numbers a, b and f to i. However, contract regarding the other works was terminated under Clause-39 of the contract agreement, .
which reads as under:-
" As per the clause 39 of contract agreement, " without prejudice to any of the rights or remedies under this contract, if the contractor dies, the Executive Engineer on behalf of the Governor of H.P. shall have the option of terminating the contract without compensation to the contractor."
4. A perusal of the aforesaid clause reveals that no doubt the Executive Engineer can terminate the contract in case the contractor dies, however, such action is required to be resorted to by passing a speaking/reasoned order. No such reasons have been assigned by the Executive Engineer in the termination order, therefore, the present petition is deserves to be allowed.
5. Accordingly, while setting aside letter dated 30.09.2021, we direct the Executive Engineer, Bilaspur, Division No.II, HPPWD, Bilaspur, H.P. to reconsider the case of the petitioner to continue with the works that are allotted to the predecessor-in-interest, by passing a speaking/reasoned order within one week from today.
6. In addition to the aforesaid, it also reveals that the enlistment of the partnership concern as Class-A Contractor has been received back by the Superintending Engineer from the office of ::: Downloaded on - 31/01/2022 23:13:21 :::CIS Engineer-in-chief. What led to the said rejection/non approval, is not forthcoming. Therefore, the Engineer-in Chief, H.P.P.W.D is directed .
to reconsider the case of the petitioners No. 1 to 4 for registration as Class-A Partnership Firm within the aforesaid period by passing a speaking/reasoned order.
7. The instant petition is disposed of in the aforesaid terms, so also the pending application(s), if any, leaving the parties bear their own costs.
For compliance to come up on 1.11.2021.
Copy Dasti.
(Tarlok Singh Chauhan) Judge (Satyen Vaidya) Judge October 25, 2021(sushma) ::: Downloaded on - 31/01/2022 23:13:21 :::CIS