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2025 DAILYLAW 4897 (JHR)

M/S UMA CONSTRUCTION THROUGH ITS PROPRIETOR NAMELY URMILA AGRAWAL, v. THE STATE OF JHARKHAND

WPC/763/2025 · 2025-04-08

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:10800 1 W.P.(C) No.763 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.763 of 2025 ----- M/s. UMA Construction through its proprietor, namely, Urmila Agrawal, aged about 48 years, wife of Manoj Kumar Agarwal, resident of Purana Bazar, Chakulia, P.O. Chakulia, P.S. Chakulia, District East Singhbhum, Jharkhand .......... Petitioner. -Versus- 1. The State of Jharkhand. 2. The Secretary, Urban Development and Housing Development Department, Govt. of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi, Jharkhand. 3. The Executive Officer, Nagar Panchayat, Chakulia, P.O. and P.S. Chakulia, District East Singhbhum, Jharkhand. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. D.C. Mishra, Advocate For the State : Mrs. Nirupama, A.C. to Sr. S.C.-II ----- Order No.04 Date: 08.04.2025 1. The present writ petition has been filed for issuance of direction upon the concerned respondent i.e., the respondent no.3 to make payment of balance amount of final bill i.e., Rs.31,25,716/- raised by the petitioner against completion of the work—“laying of DI Pipe from Shukla Petrol Pump to Purnapani Pulia Ward No.4 and Road Crossing Jointing Pipe Line at Kankrisole Warnd No.5 and near Shilpi Mahal Pump House Ward No.07 and rising pipe line near Kamarigora Pump House Ward No.01 and towards the shop of Durga Sharma, Ward No.07 under Chakulia Nagar Panchayat, East Sinbhbhum, Jharkhand” which was allotted to it pursuant to Tender Notification No.NPC/12/2022-23 (5th Call) dated 12th November, 2022 published in daily newspaper dated 13th 2025:JHHC:10800 2 W.P.(C) No.763 of 2025 November, 2022 and Agreement No.01 of 2023-24 dated 9th May, 2023 executed between the petitioner and the respondent no.3. 2. Learned counsel for the petitioner submits that the petitioner being the successful bidder of the aforesaid tender notification entered into an agreement being Agreement No.01 of 2023-24 dated 9th May, 2023 with the respondent no.3 for the work value of Rs.49,53,304/-. Pursuant to execution of the said agreement, the petitioner successfully completed the aforesaid work and raised the final bill of Rs.46,25,716/- out of which Rs.15 lacs was only paid, however, the balance amount of Rs.31,25,716/- is still due to be paid to it. The petitioner represented the respondent no.3 on different occasions demanding the aforesaid amount, however, the same remained un-responded which compelled it to prefer the present writ petition. 3. Mrs. Nirupama, learned A.C. to Sr. S.C.-II appearing on behalf of the respondents submits that the aforesaid claim of the petitioner is required to be factually examined by the respondent no.3. Hence, if it prefers a fresh representation on the present issue before the respondent no.3, an appropriate decision in accordance with law will be taken by the said respondent within a time frame. 4. Having heard the learned counsel for the parties and considering the nature of the prayer made in the present writ petition, without entering into the merit of the case, the 2025:JHHC:10800 3 W.P.(C) No.763 of 2025 petitioner is given liberty to prefer a fresh representation on the present issue before the respondent no.3. On receipt of the said representation, the respondent no.3 after providing due opportunity of hearing to the petitioner’s representative and on verifying the relevant records, shall take an appropriate informed decision within a period of eight weeks from the date of filing of the said representation. 5. The writ petition is, accordingly, disposed of with aforesaid liberty and direction. (Rajesh Shankar, J.) Rohit/