GUWAHATI, India, May 28 -- Gauhati High Court issued the following order on April 27:

1. Heard Mr. B. K. Singh, the learned counsel appearing on behalf of the Petitioner and Mr. D. Gogoi, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2 and 3.

2. The case of the Petitioner herein is that the Petitioner was issued 4 (four) work orders the details of which have been given at paragraph No.4 of the writ petition. The said details are reproduced herein under:

"(i) The Respondent No.2 issued the Work Order no. EE/PHE/TEZ-1/TC-277/2021- 22/2399 dated 03.11.2021 for implementation of various pipe water supply scheme in New Phulbari under JJM under Tezpur Division No.1, Tezpur for the year 2021-22. The approx value of the work is Rs.2,00,13,501/-.

(ii) The Respondent No.2 issued the Work Order no. EE/PHE/TEZ-1/TC-277/2021- 22/2400 dated 03.11.2021 for implementation of various pipe water supply scheme in Ouhala Gaon PWSS under JJM under Tezpur Division No.1, Tezpur for the year 2021-22. The approx value of the work is Rs.81,16,700/-.

(iii) The Respondent No.2 issued the Work Order no. EE/PHE/TEZ-1/TC-277/2021- 22/2401 dated 03.11.2021 for implementation of various pipe water supply scheme in New Namgaon T.E. PWSS under JJM under Tezpur Division No.1, Tezpur for the year 2021-22. The approx value of the work is Rs.94,62,950/-.

(iv) The Respondent No.2 issued the Work Order no. EE/PHE/TEZ- 1/TC-277/2021- 22/2409 dated 05.11.2021 for implementation of various pipe water supply scheme in Kachu Bil SVS and Rowmari Gaon PWSS under JJM under Tezpur Division No.1, Tezpur for the year 2021-22. The approx value of the work is Rs.1,42,41,450/- and Rs.1,04,77,550/- respectively, totaling Rs.2,47,19,000/-."

3. It is the specific case of the Petitioner that for no fault of the Petitioner, the Petitioner could not complete the works and the Petitioner requested the Respondent Authorities for allowing the Petitioner further time for completion of the works which was not accepted by the Respondent Authorities rather the Respondent Authorities terminated the four contracts and it is under such circumstances, the instant writ petition has been filed by the Petitioner challenging the action on the part of the Respondent Authorities to cancel the four contracts vide the communication dated 08.06.2022.

4. A perusal of the records reveal that vide an order dated 28.06.2022, this Court while issuing the notice kept the maintainability of the writ petition open. The Respondents however have not filed the affidavit-in-opposition in spite of due opportunities being provided.

5. This Court heard the learned counsels for the parties.

6. The termination of the contracts in question by the Respondents vide the communication dated 08.06.2022 is on the ground that the Petitioner could not complete the works. It is the specific case of the Petitioner that, on account of heavy layers of boulders at the work site, the Petitioner could not carry out deep boring beyond 180 feet. In spite of that, the Petitioner sought for extension so that the Petitioner could carry out the works by using other machineries. It is the specific case of the Petitioner that such opportunities were not given to the Petitioner.

7. It is the opinion of this Court that the statements which have been made by the Petitioner are required to be proved by way of evidence and in that regard, it is the further opinion of this Court that such factual adjudication which has to be based upon evidence cannot be adjudicated in the instant proceedings. Apart from that, it is also noticed that the termination was given effect to on 08.06.2022 and almost 4 (four) years have passed by and under such circumstances, the reliefs which have been sought for in the instant proceedings cannot be granted.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfEj7p%2FFrJ16LyB8A42F2mEEe17fnbjaSZiQAgIM%2F3Lk0&caseno=WP(C)/4103/2022&cCode=1&cino=GAHC010117222022&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.