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2025:CGHC:7205
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1135 of 2023 1 - Gowardhan Banjare S/o Late Shri Pranadhar Banjare Aged About 48 Years R/o Village Dabhara, Tehsil Dabhra, District : Janjgir-Champa, Chhattisgarh
... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department Of Public Health Engineering Ministry, Mahanadi Bhawan, Nawa Raipur, District : Raipur,
Chhattisgarh 2 - The Collector Janjgir- Champa, District : Janjgir-Champa, Chhattisgarh 3 - Executive Engineer Public Health Engineering Department, Division Janjgir-Champa, District : Janjgir-Champa, Chhattisgarh
...Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Vivek Mishra, Advocate. For Respondent/State : Mr. Anmol Sharma, Panel Lawyer. Hon’ble Shri Justice Bibhu Datta Guru
Order on Board 10/02/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondents authority for payment towards the work executed by him pursuance to the agreement No.493/DL/2020-21 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.10 16:53:34 +0530
2 / 3 & 494/DL/2020-21 and the work order dated 26/12/2020 issued by the Executive Engineer/respondent No.3
2.
Learned counsel for the petitioner submits that the petitioner has executed the contract and work of maintenance & improvement of water pipes and facilitating supply of drinking water to two villages under the Block Jaijaipur i.e. Aamgaon and Amoda. He submits that the petitioner completed his work in the year 2021 itself, however, the payment towards the work done by him is not being released by the respondent authorities by showing one or other reasons.
3.
Learned counsel for the State/respondent by referring paragraph 3 and 4 of its reply submits that estimate for the work was prepared on the basis of the then Schedule of rates dated 01/01/2013, the estimate was prepared on 12/05/2020 and the NIT was issued on 20/11/2020. The petitioner being successful bidder, the work was assigned to him on 26/12/2020 and the payment towards the work executed by the petitioner is not being made due to lack of administrative sanction. The work order was issued on the basis of the SOR of the year 2013. Learned counsel for the respondents further submits that the authorities have taken initiative for taking administrative sanction of the work as per SOR 2020 and the payment will be made immediately as and when the administrative sanction will be accorded from the competent authority. Learned counsel further submits that some part of dues has already been released towards the petitioner.
4. I have heard learned counsel for both the parties and perused the
3 / 3 pleadings of the petitioner as well as the reply filed by the State.
5. From paragraph 3 & 4 of the reply filed by the State, it appears that the amount which is due towards the work order dated 26/12/2020 is concerned, the same is not being released due to the lack of administrative sanction of the work as per SOR of
2020. Looking to the submission made by the respondent/State that steps has been taken by the respondents for administrative sanction from competent authority, it is directed that the respondents may release the undisputed amount due towards the petitioner within a period of ninety days from the receipt of copy of this order.
6. With the aforesaid observation and direction, this writ petition is
disposed of. SD/- (Bibhu Datta Guru)
Judge Amardeep