M/S. Durga Stone Crusher vs. State Of Odisha
Held
The Court held that it cannot grant the relief of directing a revised estimate and supplementary agreement in writ jurisdiction as it involves determining responsibility for delays. However, it directed the Chief Engineer to consider the petitioner's representation and conduct an inquiry.
Facts
The petitioner, a contractor, was awarded a work contract in 2016. Delays occurred due to revised drawings and specifications, and the petitioner commenced work in November 2017, completing it in December 2019. The petitioner sought a revised estimate and supplementary agreement reflecting the actual commencement and completion dates.
Key Issues
Whether the High Court can direct revision of contract estimates and supplementary agreements in writ jurisdiction. Whether the petitioner's grievance regarding delays and contract revisions is genuine.
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Cause title — parties, addresses and appearances
ORDER
Heard learned counsel for the parties by Video Conferencing mode.
This writ petition has been filed by the petitioner-M/s. Durga Stone Crusher represented through its Managing Partner, Er. Ambika Prasad Bhatta, a Super Class Contractor, with a prayer to direct the opposite parties to revise estimate as per prevailing market price and execution of supplementary agreement indicating the actual date of commencement and completion of work as per new drawing and design of November 2017 for the work "Construction of H.L. Bridge over Lingara Nallah at 11th Km on Nuahata-Maidharpur road on state plan, vide Agreement No.-440-P1 of 2016-17" within a stipulated time.
The facts of the case as averred in the writ petition are that opposite parties-Government of Odisha, Works Department invited tenders from the intending parties for execution of the work, i.e. “Construction of H.L. Bridge
The judgment continues below.
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