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2025 DAILYLAW 17391 (CHH)

M/S RAHUL CONSTRUCTION BUILDERS AND CONSTRUCTOR v. STATE OF CHHATTISGARH

WPC/2257/2024 · 2025-02-12

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:7570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2257 of 2024 1 - M/s Rahul Construction Builders And Constructor, Through Partner- Santosh Kumar Sahu, S/o Ramji Sahu, A/o 34 Years, R/o Harsh Tower, Devpuri, Dist.- Raipur, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Urban Administration And Development Department, Atal Nagar, Nawa Raipur, Dist. Raipur, C.G. 2 - Nagar Palika Parishad Takhatpur, Through- Chief Municipal Officer, Nagar Palika Parishad, Takhatpur, Dist. Bilaspur, C.G. 3 - The Central Quality And Research Laboratory, Pwd, Raipur Through Chief Engineer, Central Quality And Research Laboratory, Pwd, Raipur, C.G. ... Respondent(s) For Petitioner(s) : Ms. Surya Kawalkar Dangi, Advocate. For Respondent/State : Mr. Satish Gupta. For respondent No.2 : Mr. Pankaj Singh, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 12/02/2025 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.17 14:49:30 +0530 2 1. By the present writ petition, the petitioner is seeing a direction towards the respondent No.2 for disbursal of payment towards the work done by the petitioner pursuance to the work order Nos.901, 909, 915,/public works/nagar panchayat/2023-24. 2. Learned counsel for the petitioner submits that the work which has been assigned to the petitioner for construction of CC road and drain has been completed by the petitioner and after the completion of the work, though the petitioner has raised his bill to the Nagar Palika Parishad, the respondent No.2 is not releasing the payment by stating the reason that one of the office bearer of the Nagar Palika Parishad has lodged a complaint to the State government against the petitioner and for the said reasons, without any communication to the petitioner, the respondents are not making payment towards the said work done by the petitioner. 3. Learned counsel for the Nagar Palika Parishad/respondent No.2 submits that the work towards the work order Nos.901, 915 and 919, has been completed, however, as the complaint has been lodged by the Office bearer i.e. Vice, President of the Nagar Palika Parishad to the State Government, the Nagar Palika Parishad is waiting for guidelines on the said complaint lodged by the officer bearer and as and when they will receive instructions from the State Government, the same will be released to the petitioner. As far as the work order No.909 is 3 concerned, there is some dispute about the work done by the petitioner. 4. Learned counsel for the State submits that the work has been awarded by the Nagar Palika Parishad and the Nagar Palika Parishad is the appropriate authority to take decision about the payment towards the work done by the petitioner, however, he submits that some enquiry has been conducted by the Office of Joint Director, Urban Administration and Development Department and the same has been sent to the Director against the some of the Officers of the Nagar Palika Parishad and the same is pending before the Urban Administration and Development Department. 5. I have heard learned counsel for the parties and perused the pleadings of the petitioner as well as the contentions raised by counsel for the Nagar Palika Parishad. 6. As far as the work order dated 901, 915 and 919 is concerned, as per the counsel, the work has been completed and the same is only been held up due to complaint lodged by one office bearer of the Nagar Palika Parishad, hence, it is directed that the Nagar Palika Parishad/respondent No.2 shall examine and verify the claim of the petitioner and if the work has been done and there is no dispute towards the said work, the payment towards work order Nos.901, 915, and 919 be released to the petitioner within a period of fifty days from the receipt of copy of this order and as far as the work order 4 No.909 is concerned, the Nagar Palika Parishad shall examine and verify the claim by making a spot inspection in presence of the petitioner and by providing sufficient opportunity of hearing to the petitioner, shall take decision regarding the dues claimed by the petitioner within a period of fifty days from today. 7. With the aforesaid observation and direction, the writ petition is disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep