Hon'ble Sanjay Kumar Pachori,J.
Heard Sri .K. Malviya, learned counsel for petitioner and Sri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for all the respondents.
M/S Rao Construction is before this Court assailing the validity of the order impugned dated 20.11.2020 passed by the third respondent/Executive Engineer, U.P. Police Avas Nigam Ltd, Construction Unit, Mohaddipur, Gorakhpur, whereby the work contract has been cancelled.
At the very outset, Shri Sanjay Kumar Singh, learned Additional chief Standing Counsel has raised a preliminary objection regarding maintainability of the present writ petition on the ground that an agreement was entered between the petitioner and the third respondent on 23.7.2020 for executing the work on labour rate basis. Clause-4 of the agreement provides that the contractor has to carry out the work according to labour work order issued by employer in favour of contractor. Contractor is bound to complete the work order. If fails to do so without any valid reason (as not receiving funds from Goul), notice will be issued to contractor and punitive action may be taken against him which may include for fitting of security (EMD)/Cancelling of Tender/Debarring from participating in Nigam future tender. He submits that admittedly, the petitioner had completed only 1.5% work, out of 10% work of estimated target and as such, the entire action has been taken in response of the aforesaid agreement. There is no infirmity or illegality in the impugned order and the writ petition is liable to be dismissed.
In the facts and circumstances the Court has proceeded to examine the record in question and found that the petitioner company had completed only 1.5% work, out of 10% work of the estimated target and consequently, the impugned order has been passed, whereby the work contract has been cancelled. The dispute between the parties is purely civil in nature. This Court is not inclined to invoke equitable writ jurisdiction under Article 226 of the Constitution of India.
Accordingly, the writ petition sans merit and is dismissed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 11.1.2021 RKP