Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:19292
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2093 of 2025 M/s Gulab Chand Jain A Partnership Firm, Place Of Business At 2nd Floor, Arihant Complex, Pachpedi Naka, Raipur Chhattisgarh, Acting Through Its Partner Mr. Gulab Chand Jain S/o Ranidan Jain, Aged About 69 Years R/o Sadar Bagicha, Shailendra Nagar, Bank Of Baroda Line, Raipur, Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through Department Of Panchayat And Rural Development, Government Of Chhattisgarh Sector-19, North Block, Vikas Bhawan, Ground Floor, Nawa Raipur, Atal Nagar, Chhattisgarh 2 - Chief Executive Officer Chhattisgarh Rural Road Development Agency, Civil Lines, Raipur, Chhattisgarh 3 - Chief Engineer Pradhan Mantri Gram Sadak Yojna Chhattisgarh Rural Road Development Agency Civil Lines, Raipur – 492001 4 - Executive Engineer Cum Member Secretary Project Implementation Unit, Cgrrda, District - Bemetara, Chhattisgarh 5 - National Rural Infrastructure Development Agency Ministry Of Rural Development, Government Of India, 15 Nbcc Tower, 5th Floor, Bhikajicama Place, New Delhi
... Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Saloni Verma, Advocate For Respondents No.1 to 4 : Mr. Praveen Das, Deputy Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.05.01 11:00:22 +0530
2 General For Respondent No.5 : Mr. Tushar Dhar Diwan, Advocate on behalf of Ms. Anmol Sharma, CGC Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board 29.04.2025 1 Heard Ms. Saloni Verma, learned counsel for the petitioner as well as Mr. Praveen Das, learned Deputy Advocate General for the State/respondents No.1 to 4 and Mr. Tushar Dhar Diwan, Advocate on behalf of Ms. Anmol Sharma, Central Govt. Counsel for respondent No. 5. 2 By the present writ petition, the petitioner is seeking a direction towards the respondent No.3 to refund the undisputed Additional Performance Security (APS) amount of Rs.8.03 lakhs deposited by the petitioner at the time of execution of the work which has been awarded to the petitioner. 3
Learned counsel appearing for the petitioner submits that the work of renewal and maintenance of rural roads under the PMGSY has been completed and the Work Completion Certificate dated 21.06.2024 has been issued to him however, the amount of APS deposited by the petitioner has not been refunded by the respondent authorities till date. He further submits that the petitioner submitted a representation dated 25.06.2024 before the respondent No.4 requesting the release of the amount of APS.
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Learned counsel appearing for the State submits that if there is any APS amount has been deposited by the petitioner and the work has already been completed, the authority concerned will verify the same and will take necessary steps to release the said amount within a period of 45 days. 5 I have heard learned counsel for the parties and perused the documents. 6 In view of the above submission made by the learned counsel for the State, the respondent authority is directed to look into the matter and verify that if the work awarded to the petitioner has been completed, the APS amount deposited by the petitioner be released in accordance with law, subject to fulfillment of conditions enumerated in the agreement executed between the parties within 45 days. 7 With the aforesaid direction, this writ petition is disposed of.
Sd/- -
(Amitendra Kishore Prasad)
Judge Yogesh