Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 37403 (JHR)

Ms Anshu Construction Through One Of Its Partners Puran Mahto v. The State Of Jharkhand Through Its Chief Secretary And Ors

WPC/4609/2017 · 2025-11-24

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:35017-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4609 of 2017 M/s. Anshu Construction, a partnership firm through one of its partners – Puran Mahto, S/o Late Pati Mahto, R/o Village-Kurpania, PO-Argamo, PS-Nawadih, District-Bokaro... ... Petitioner Versus 1. The State of Jharkhand, through its Chief Secretary, Ranchi 2. The Deputy Commissioner, Bokaro 3. The Deputy Development Commissioner-cum-Chief Executive Officer, District Board, Bokaro 4. The District Board, through its Chairman, Bokaro Steel City, Bokaro 5. The District Engineer, District Board, Bokaro Steel City, Bokaro 6. The Executive Engineer, National Rural Employment Programme (NREP), Bokaro ... … Respondents ----- CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. A.K. Sahani, Advocate For the Respondent-State : Ms. Amrita Banerjee, AC to GP-I ----- Order No. 08 Dated: 24.11.2025 Pursuant to the tender notice, the petitioner made its offer for construction of “Panchayat Secretariat-cum-Rajiv Gandhi Seva Kendra” for Narayanpur Panchayat and Potso Panchayat under Nawadih Block, Bokaro as well as Narra Panchayat, Taranari Panchayat and Krumba Panchayat under Chandrapura Block, Bokaro. 2. The petitioner accordingly entered into an agreement with the respondent no. 6 – the Executive Engineer, National Rural Employment Programme (NREP), Bokaro on 23.03.2011 for construction of the aforesaid works. According to the petitioner, it successfully completed all the five works that were allotted to it for an estimated cost of Rs.34,71,050/-. The petitioner raised an objection before the respondent no. 3 – the Deputy Development Commissioner-cum-Chief Executive Officer, District Board, Bokaro 2025:JHHC:35017-DB 2 and requested him to cancel Short Tender Notice No. 02/2017-18, floated with respect to the construction of Narayanpur Panchayat Building under Nawadih Block, but to no avail, constraining the petitioner to file the instant petition for grant of following reliefs: (i) For issuance of a writ in the nature of certiorari or any other appropriate writ/order/direction for quashing the Short Tender Notice No.02/2017-18 published by the respondent no. 5 in the daily newspaper “Dainik Jagran” on 14.07.2017 (Annexure-9 to the writ petition) in relation to Item No. 1; and (ii) For issuance of a writ in the nature of mandamus or an appropriate writ/order/direction commanding upon the respondents to allot Item No. 1 for construction of Narayanpur Panchayat Building to the petitioner. 3. Subsequently, the petitioner has filed an interlocutory application being I.A. No. 9462 of 2017 on 04.12.2017 seeking addition of the following relief: “For issuance of a writ for quashing the impugned order dated 27.11.2017 passed by the respondent no. 2 in Misc. Case No. 33 of 2017-18.” 4. The respondent nos. 3 and 5 have filed counter affidavit wherein it has been specifically stated that the petitioner has followed the rule for construction of Panchayat Building in Nawadih and Potso Panchayat under Nawadih Block, Bokaro and the payment of the security deposit of the said work was made by the petitioner. It has also been specifically stated that the petitioner, 2025:JHHC:35017-DB 3 however, did not commence the work in Narayanpur Panchayat and on enquiry at spot verification, it was found that the building under construction, which is stated to be at Narayanpur Panchayat, was as a matter of fact not found, what was found in another Gram Panchayat Pokhariya. 5. Since there is nothing on record to suggest that the petitioner in fact had carried out the work allocated to it for the construction of Secretariat Building of Narayanpur Panchayat, obviously it can have no objection to the short tender notice that has been floated by the respondents for construction of Narayanpur Panchayat Secretariat Building. 6. Accordingly, we find no merit in the writ petition and the same is accordingly dismissed, leaving the parties to bear the cost. 7. The pending interlocutory application(s), if any, also stands disposed of. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) November 24, 2025 Manish/Ritesh Uploaded on 26.11.2025