Himgiri Construction v. State of Haryana & Anr.

HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE JASWANT SINGH Present: - Dr. Balram Gupta, Sr. Advocate with Mr. Sirish Gupta, Advocate for petitioner HEMANT GUPTA, J In the present writ petition the petitioner has claimed the quashing of the fresh Notice Inviting Tenders (Anneuxre P-9) and also that the petitioner be allowed to finish the work allotted to him. The petitioner was given the contract for construction and maintenance of National Highway No. 2 (Baghola) Devili to Mandkol to Janauli to Naya Gaurn District Palwal. The said contract was terminated on 1.8.2011 by the State of Haryana. Earlier the petitioner invoked the jurisdiction of this Court by way of writ petition. The said writ CWP No. 16997 of 2011 2 petition was withdrawn on 29.8.2011 without prejudice to any other remedy in accordance with law. Thereafter, the petitioner filed an application (Anneuxre P-11) in terms of Clause 24.1 of the Agreement. As per the said Clause, the petitioner alleges that it has a right to complete the work pending settlement by the competent authority. Clause 24.1 of the Agreement deals with the dispute even during the execution of the work for the maintenance. Therefore, prima facie, we find that after termination of the contract, the contractor cannot be permitted to continue with the work. At this stage, learned counsel for the petitioner wishes to withdraw the present petition. Dismissed as withdrawn. (HEMANT GUPTA) JUDGE

12.9.2011 (JASWANT SINGH) preeti JUDGE