2025:JHHC:10682 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3155 of 2024 Awadh Agencies, Kokar, Ranchi, through its partner, Rakesh Kumar Sharma ….. Petitioner Versus 1. The State of Jharkhand, through the Principal Secretary, Department of Home, Jail & Disaster Management, Ranchi 2. The Director General of Police, Jharkhand, Ranchi 3. The Jharkhand Police Housing Corporation Limited, through the Managing Director, Ranchi 4. The Chief Engineer, Jharkhand Police Housing Corporation Limited, Ranchi 5. The Executive Engineer, Jharkhand Police Housing Corporation Limited, Ranchi Division, Ranchi ….. Respondents ----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner: Mr. Amit Kumar For Respondent Nos.1-2: Mr. Mohan Kr. Dubey, A.C to A.G For Respondent Nos.3-5: Mr. Krishna Murari ----- 04/07.04.2025 The present writ petition has been filed for issuance of direction upon the concerned respondents to forthwith release due amount of Rs.1,13,43,917/- in favour of the petitioner in lieu of execution of construction work of 50-beds- barracks at ITS, Hotwar, Ranchi awarded vide Tender No. JPHCL/GR06/NIT03/2021-22. Further prayer has been made for issuance of direction upon the concerned respondents to pay the aforesaid amount along with penal interest to be calculated from the date of handing over of the said building i.e. 09.11.2022 till the final payment. 2. Learned counsel for the petitioner submits that the respondent- Jharkhand Police Housing Corporation Limited (JPHCL) had invited a tender being Tender No. JPHCL/GR06/NIT03/2021-22 for construction of 50-beds- barracks at ITS Hotwar, Ranchi and the petitioner having requisite qualification as per the terms of technical and financial specification participated in the bidding process. The petitioner having quoted 0.25% below the estimated cost, was declared L-1 for the total consideration of Rs.1,13,45,014.85/- and accordingly a letter of acceptance/work order dated 29.09.2021 was issued to 2025:JHHC:10682 2 the petitioner and it was directed to deposit performance security. On deposit of the security deposit, an agreement dated 29.10.2021 was executed between the petitioner and the respondent-JPHCL. After completion of the construction work, the said building was handed over to the respondents. The respondent No.5 vide his endorsement dated 09.11.2022 as well as the Superintendent of Police, IDS, Hotwar vide his endorsement dated 27.01.2022 had also acknowledged the same and the said building is being used by the respondents. The respondents also issued the work completion certificate dated 21.04.2023 to the petitioner, however, the payments for the same were not made to it. 3. It is further submitted that the petitioner made the representations dated 22.07.2023, 22.08.2023 & 05.09.2023 before the respondent authorities in this regard, however, instead of making payments to the petitioner, they informed it vide letter dated 06.09.2023 not to make direct correspondences with the headquarters, rather with the respondent No.5. Thereafter, the petitioner vide its letters dated 14.11.2023 & 13.03.2024 represented the respondent No.5 for payment of the bills in lieu of execution of the said work. It also invoked the provisions under the Right to Information Act and the respondent No.5 in his reply dated 27.04.2024 acknowledged completion of the said work as well as due amount of Rs.12,13,647/- & Rs.1,01,30,270/- against the 1st and final bill raised by the petitioner, however, except making correspondences with the Department of Home, Jail & Disaster Management, Government of Jharkhand, no effective step was taken in this regard. Under the said compelling circumstance, the petitioner has been compelled to prefer the present writ petition. 4. It is also submitted by learned counsel for the petitioner that since the payment with respect to the work in question has been withheld awaiting further direction from the Department of Home, Jail & Disaster Management, 2025:JHHC:10682 3 Government of Jharkhand, the respondent No.1 may be directed to take appropriate decision in the matter within a time frame. 5. Mr. Mohan Kr. Dubey, learned A.C to A.G appearing on behalf of the respondent Nos. 1 & 2, submits that it will be appropriate, if the petitioner prefers a fresh representation before the respondent No.1 making claim with respect to the payment in question, which will be decided by the said respondent within a time frame. 6. Having heard learned counsel for the parties and keeping in view the nature of the prayer made in the present writ petition, without entering into the merit of the case, the petitioner is given liberty to prefer a fresh representation along with the relevant documents on the present issue before the respondent No.1. On receipt of the said representation, the respondent No.1, after calling for the relevant records from the concerned office(s) and on providing an opportunity of hearing to the petitioner’s representative, shall take an appropriate informed decision within eight weeks from the date of filing of the said representation. 7. The present writ petition is accordingly disposed of with the aforesaid liberty and direction. Satish/- (RAJESH SHANKAR, J)