Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:18380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1998 of 2025 1 - Shri Laxmi Stores Properitor- Satish Kumar Agrawal, S/o- Shri Gulab Chand Agrawal, Aged About-44 Years, Situated At- Near Ganesh Talkies, Station Road, Janjgir, District- Janjgir-Champa (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department School Education Department, Indrawati Bhawan, Mantralaya, Raipur (C.G.) 2 - The Collector, Raigarh District- Raigarh (C.G.) 3 - Assistant Commissioner (Tribal And Scheduled Caste Development Department) Raigarh, District- Raigarh (C.G.) 4 - Chhattisgarh State Industrial Development Corporation Limited Through It's Chief General Manager (Marketing), Office At- 1st Floor, Udhyog Bhawan, Ring Road No.- 01, Telibandha, Raipur- 492006 (C.G.)
... Respondent(s) For Petitioner : Mr. Rajat Agrawal, Advocate For State : Ms. Nupoor Sonkar, Panel Lawyer For Respondent No. 4 : Mr. Animesh Tiwari, Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board 23/04/2025
1. The petitioner has filed this writ petition seeking following reliefs:-
“10.1 That, this Hon'ble Court may be kind Digitally signed by SHAYNA KADRI
2 enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, order or commands, commanding respondent No. 2 and 3 to clear the admissible amount of Rupees 02,39,699.36 + 18% GST (02,84,542/-) with immediate effect and provide interest as per applicable bank rate, if any further delay occurs. 10.2 That, this Hon’ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, order or commands, commanding and directing the erring officer to compensate the petitioner as per direction of Hon’ble Court. 10.3 Any other relief, as deems fit and proper looking to the facts and circumstances of the case, may also be granted. ”
2. Learned counsel for the petitioner submits that pursuant to supply order issued by respondent No. 3 in favour of petitioner for supply of Laboratory Equipments (Glassware), Lab Apparatus and Plastic-ware, petitioner has supplied required quantity of laboratory items to Eklavya Vidyalaya, Dharamjagarh, Distt. : Raigarh (C.G.). The total value of the articles supplied by the petitioner is of Rs. 2,39,699.36/-+18% G.S.T.. Petitioner raised the bills for payment of amount against the goods supplied, but till date, no payment is made. Petitioner
3 made several requests orally as also submitted various representations before respondent No. 3 / Assistant Commissioner, Department of Tribal Welfare, Raigarh on 11.09.2024, however, till date the request/representation for disbursement of the bill amount of Rs. 2,39,699.36/- is not made. He submits that the petitioner has supplied the laboratory items to the satisfaction of the authority who had made/put the supply order and therefore petitioner is entitled for the amount along with interest as per the terms and conditions of rate contract. As per the rate contract the payment is to be made immediately after the supply of goods. 3. Learned counsel for the State submits that claim of the petitioner for disbursement of the amount, if still pending consideration it will be considered in accordance with law. 4. Learned counsel respondent No.4 submits that grievance of the petitioner is against respondents No. 2 & 3. 5. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition. 6.
Considering the facts and circumstances of the case, ground raised in the writ petition as also submission of learned counsel for the petitioner that the laboratory items have been supplied by the petitioner in the month of March 2023 and amount is to be disbursed within 20 days from the date of receipt of articles under the supply order, without commenting anything on merits
4 of claim of the petitioner, this writ petition at this stage is
disposed of permitting the petitioner to submit fresh representation before respondent No. 3 as also respondent No. 2 who is also holding the ex-officio post of Mission Director, Samagra Shiksha and if such representation is filed, the same shall be considered and decided by the concerned authority in accordance with law, expeditiously, preferably within a further period of 45 days from the date of receipt of representation and thereafter to disburse the undisputed claim raised by the petitioner. Sd/- (Amitendra Kishore Prasad) Judge Shayna