The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.34580 of 2025 Kiranlaxmi Infra Projects, Bhubaneswar …. Mr. Arun Kumar Patra, Advocate Petitioner State of Odisha and others Opposite Parties Ms. Suman Pattnayak, Addl. Government Advocate -versus- …. CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 15.12.2025 01. 1. The petitioner was issued with work order to execute “Construction of H.L.Bridge over Dubdubi Nallaha on Lunakundi to Kasafala – Gahamgadia via Sahu Chhak Ferryghat Road in the District of Balasore under Biju Setu Yojana” in connection with the tender call notice dated 01.08.2017 upon execution of agreement. 1.1. The work being commenced from 13.12.2017 was to be completed on or before 12.06.2019 in terms of the agreement. On account of change in drawing and design from time to time, additional work was to be carried out. Frequent changes in drawing and design leading to execute additional works, the work could not be completed, but extension of time was considered and extended till 31.10.2020 and further extension was allowed up to 27.05.2021. Page 1 of 5
Legal Reasoning
1.2. Mr. Arun Kumar Patra, learned Advocate appearing for the petitioner submitted that while the matter stood thus, the Additional Chief Secretary made a review and instructed to rescind 137 numbers of ongoing construction of bridges. Since the petitioner’s contract was rescinded, it approached this court
Decision
in W.P. (C) No.24965 of 2022 which came to be disposed of on 29.09.2022 with a direction to the Committee to examine the case of the petitioner. Accordingly, the Chief Engineer (Building and Bridge) revoked the rescission of contract vide letter dated 27.04.2023. While the petitioner resumed the work, on 27.05.2023 the Tahasildar, Bhubaneswar along with A.S.I., Sartha Outpost and Sarpanch, Alumeda Gram Panchayat came to the work site and directed the staff of the petitioner to stop the work and seized the machineries. 1.3. A show cause notice was issued by the Superintending Engineer contemplating rescission of contract on account of delay in completing work against which the petitioner approached this Court in W.P.(C) No.19988 of 2023, which was disposed of on 08.08.2023 with a direction to the authority to dispose of the reply furnished by the petitioner in connection with the show cause notice. During pendency of the said writ petition, on the recommendation of the Superintending Engineer, the Chief Construction Engineer rescinded the contract, which was challenged before this Court in W.P. (C) No.26949 of 2023. The said writ petition got disposed of on 28.08.2023 with a direction to the Executive Engineer, Rural Works Sub-Division, Balasore to consider the plight of the petitioner. Page 2 of 5 1.4. The petitioner was thereafter allowed to resume the construction by keeping the order of recession of contract in abeyance till 31.10.2024. While the work was under progress, due to flood situation in the intervening rainy season, the work was further delayed. However, though the petitioner having submitted undertaking to complete the work by 31.01.2025, a proposal was sent to the Chief Construction Engineer for termination of contract. The said order of termination of contract was challenged in W.P.(C) No.30323 of 2024 which is sub judice before this court. 1.5. The Superintending Engineer vide letter dated 18.11.2024 instructed the petitioner to remain present at the work site on 25.11.2024 for facilitating final measurement by the concerned Chief Engineer and the Assistant Executive Engineer. As the petitioner was not keeping up good health, he sought for deferment of such programme vide letter dated 22.11.2024. Nonetheless, the Superintending Engineer vide letter dated 30.12.2024 intimated the petitioner that final measurement had already been taken in absence of the petitioner on the scheduled date. 1.6. Mr. Arun Kumar Patra, learned Advocate appearing for the petitioner submitted that this mercy petition is filed beseeching indulgence of this Court for a direction to the opposite parties to conduct fresh measurement as the petitioner was absent on account of circumstances beyond his control during the activity undertaken by the authorities concerned. Page 3 of 5 2. Ms. Suman Pattnayak, learned Addl. Government Advocate submitted that since the petitioner remained absent, the authorities had no other option, but to proceed with measurement. 3. Heard Mr. Arun Kuamar Patra, learned Advocate appearing for the petitioner and Ms. Suman Pattnayak, learned Addl. Government Advocate appearing for the opposite parties-State. 4. On scrutiny of papers enclosed to the writ petition, it is revealed that the Additional Chief Engineer (Rural) Works Division, Balasore by letter dated 18.11.2024 instructed the petitioner to be present at the work site for final measurement on 25.11.2024. The petitioner represented by the Managing Partner on 22.11.2024 requested the Additional Chief Engineer to accommodate him till 10.12.2024 as he was under treatment for Neurological disorder. 4.1. This Court appreciating the submission of Mr. Patra, learned Advocate that since the representative of the petitioner was suffering from ill-health, the measurement could have been deferred by the authorities. 4.2. Considering the peculiarity of the present case, this Court is inclined to show indulgence by granting one opportunity to the petitioner to take part in the measurement. Accordingly, this Court directs the petitioner to appear before the Additional Chief Engineer (Rural) Works Division, Balasore along with a copy of this order on or before 31st December, 2025. The said Additional Chief Engineer shall fix up as mutually agreed upon and on the Page 4 of 5 scheduled date measurement shall be taken in presence of the petitioner. Needless to observe that at the request of the petitioner for grant of one opportunity for the aforesaid purpose, this order has been passed. It is felt expedient to say that the petitioner shall not be allowed to raise any plea for further deferment of final measurement of the work. 5. With the aforesaid observations and direction, the writ petition along with the pending Interlocutory Application(s), if any, stands disposed of. (Harish Tandon) Chief Justice (M.S. Raman) Judge Bichi Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-Dec-2025 18:47:58 Page 5 of 5