-1- 2025:CGHC:3748 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPC No. 1633 of 2019 A. P. Nirman Limited Through Rajesh Kumar Agrawal S/o Late Gopi Ram Agrwal, Aged About 47 Years C-86, V.I.P. Estate Opposite Ashoka Ratan Shankar Nagar Raipur, Chhattisgarh, P.S. Shankar Nagar Tahsil And District- Raipur, Chhattisgarh. ... Petitioner versus 1 - The State of Chhattisgarh Through Secretary, Water Resource Department, Mantralaya, New Raipur, District : Raipur, Chhattisgarh. 2 - The Engineer In-Chief Water Resource Department Sihawa Bhawan, Raipur, District : Raipur, Chhattisgarh. 3 - The Chief Engineer Water Resouce Department, Mahanadi Godawari Basin Raipur, District : Raipur, Chhattisgarh. 4 - The Executive Engineer Water Resouce Division Gariband District- Gariaband, District : Gariyabandh, Chhattisgarh. ... Respondent(s) For Petitioner : None For State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21.01.2025 1) The petitioner has filed this petition seeking the following relief(s):- “10.1. This Hon'ble Court may graciously be pleased to quash the decision dated 25.01.2019 issued under the memo no-115/SA/MGK/2008/2561 Raipur by the respondent no-3 the Chief Engineer. Digitally signed by NADIM MOHLE -2- 10.2. This Hon'ble Court may graciously be pleased to direct the respondent no-3 to decide the application filed by the petitioner on 24.02.2018 accordance with the procedure prescribed under clause no 4.47.2 of the contract agreement no- 13/DL/2009-10 within stipulated time as fixed by this Hon'ble Court. 10.3. Grant any other relief and cost to the petitioner as deemed fit by the Hon'ble Court.” 2) Mr. Shubham Bajpai appearing for the State would submit that earlier, the petitioner had filed a writ petition (WPC No. 2375 of 2014) challenging therein the order dated 28.07.2014, whereby the prayer/request made by the petitioner for the extension of time to complete the contract work was declined by the Engineer-in-Chief, Water Resources Department. He would further submit that the petition was dismissed, thereafter, an SLP was preferred by the petitioner and the same was also dismissed by the Hon’ble Supreme Court. He would also submit that the petitioner approached the Engineer-in-Chief and his application was rejected according to Clause 4.47.1 of the agreement. He would further contend that the petitioner has a remedy to refer the dispute to the Chhattisgarh Arbitration Tribunal, according to Clause 4.47.2. 3) Taking into consideration the submissions made by Mr. Bajpai, the instant petition is hereby disposed of reserving liberty in favour of the petitioner to approach the Chhattisgarh Arbitration Tribunal in accordance with Clause 4.47.2 of the agreement. 4) Accordingly, this petition is disposed of. Sd/- (Rakesh Mohan Pandey) Nadim Judge