30.09.2024
Sl. No.1(DL)
srm
W.P.A. No. 19564 of 2022
Suman Mitra
Versus
The Executive Engineer, HIPU, WBSRDA,
Malda Division & Ors.
Mr. Sanjay Saha
…for the Petitioner.
Mr. Srikanta Datta,
Mr. Prodyot Kumar Ray
…for the Respondent No.4.
The petitioner submits that on a similar issue between
the same parties, the Hon’ble Division Bench passed an order
in MAT 2021 of 2022. The intra court appeal before the
Hon’ble Division Bench arose out of WPA No.19586 of 2022.
A contract was terminated by the authority. The
termination of the contract was challenged in the writ petition.
The learned coordinate Bench was of the view that as per the
terms and conditions of the contract, a dispute redressal
system was in place and the contractor should avail of such
remedy.
A similar challenge is before this court. The contract was
terminated on July 6, 2022.
2
The Hon’ble Division Bench was of the view in the other
matter that according to clause 24 of the terms and conditions
of the contract, the dispute redressal system should be availed
of by the aggrieved party in order to challenge the termination
of the contract.
Under such circumstances, the writ petition is also
disposed of in a similar manner, granting liberty to the
petitioner to approach the dispute redressal system as per the
terms and conditions under clauses 24 and 25 of the contract.
All points, including the prayer for a joint inspection on
the ground that partial work was completed, etc. shall be
raised before the dispute redressal system.
This Court has not considered any of the factual aspects
involved in the writ petition, and the allegations against the
respondents are deemed to be denied.
There shall be no order as to costs.
All parties are to act on the basis of the server copy of
this order.
(Shampa Sarkar, J.)