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2025 DAILYLAW 12491 (CHH)

HARIHAR PRASAD DIWAN v. STATE OF CHHATTISGARH

WPC/1318/2025 · 2025-03-10

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:11713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1318 of 2025 1 - Harihar Prasad Diwan S/o Shri Natthu Lal Diwan Aged About 55 Years R/o Vill.-Bamhanidih, P.S. And Tah. Bamhanidih, Distt.- Janjgir-Champa (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary Public Works Department, Atal Nagar, Mahanadi Bhawan, New Raipur, Raipur (C.G.) 2 - Engineer-In-Chief Public Work Department Raipur, Distt.- Raipur (C.G.) 3 - The Chief Engineer Public Works Department Bilaspur Zone, Distt.- Bilaspur (C.G.) 4 - The Superintendent Engineer Public Works Department Bilaspur Zone, Bilaspur, Distt.- Bilaspur (C.G.) 5 - The Executive Engineer Public Works Department Champa Division, Champa, Distt.- Janjgir-Champa (C.G.) 6 - Sub-Divisional Officer Public Works Department, Sub-Division Champa Distt.- Janjgir-Champa (C.G.) 7 - Sub-Engineer Public Works Department, Sub-Division Champa, Distt.- Janjgir-Champa (C.G.) Respondent(s) For Petitioner(s) : Mr. Rakesh Manikpuri, Advocate For Respondent(s) : Mr. Bharat Rajput, PL RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.11 10:36:09 +0530 2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 10/03/2025 1. By the present writ petition, the petitioner is seeking a direction towards respondent No. 5 to 7 for releasing the payment towards the undisputed bill raised by the petitioner. 2. Learned counsel for the petitioner would submit that the petitioner is a Class A-2 Contractor and he had participated in the tender process in the year 2013-14 for construction of High School Building. Pursuance to the said participation, the work order was issued in favour of the petitioner. The said work was completed by the petitioner on 12/06/2015, however, outstanding amount of Rs. 11.08 lakhs is not being released by the respondents on the ground of unavailability of fund. Learned counsel, by referring to the communication dated 24/09/2022, submits that on 24/09/2022, the Executive Engineer has issued letter to the Nodal Officer-cum-Executive Engineer, PWC (B/R), Raipur Division No. 3, Raipur for allotment of fund to release the outstanding dues towards the bill of the petitioner, but no payment has been made. 3. Learned counsel for the State would submit that the Executive Engineer has already requested to Nodal Officer for allotment of fund on 24/09/2022 and he will verify the claim of the petitioner and, subsequently, the outstanding amount, in respect of undisputed bill, will be released within a stipulated period. 4. I have heard learned counsel for the parties and perused the representation submitted by the petitioner as well as the communication 3 of the Executive Engineer to the Nodal Officer. 5. From perusal of the Communication dated 24/09/2022, it is quite vivid that the Executive Engineer had written letter to the Nodal Officer for allotment of fund on 24/09/2022, however, no payment has been made till date in respect of the outstanding amount dues of the petitioner. 6. Hence, it is directed that the Executive Engineer, after verifying the grievance of the petitioner, shall disbursed the outstanding amount/dues of Rs. 11.08 lakhs within a period of 45 days from the date of receipt of copy of this order. 7. The petitioner is at liberty to apprise the Executive Officer about the order of this Court. 8. With the aforesaid directions, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul