M/S SUNIL KUMAR AGRAWAL v. THE STATE OF CHHATTISGARH
WPC/2313/2025 · 2025-05-06
Shri Amitendra Kishore Prasad
body2025
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[ 2025 DAILYLAW 20643 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 20643 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:20948
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2313 of 2025 1 - M/s Sunil Kumar Agrawal Through Its Partner Shri Anil Agrawal, Having Its Offices At - Chandni Chowk, Raigarh, Chhattisgarh- 496001
... Petitioner(s) versus 1 - The State Of Chhattisgarh Through - The Secretary, Panchayat And Rural Development Department, Having Its Offices At - Sector-19, North Block Road, Vikas Bhawan, Ground Floor, Nawa Raipur, Atal Nagar, Raipur, Chhattisgarh. 2 - The Chhattisgarh Road Rural Development Agency Through Chief Engineer, Having Its Offices At - Vikas Bhawan, Civil Lines, Raipur, Chhattisgarh – 492001. 3 - The State Of Chhattisgarh Through Executive Engineer Cum Member Secretary, District Project Implementation Unit, Pradhan Mantri Gram Sadak Yojna, Baikunthpur, Distt. - Korea (C.G.).
... Respondent(s) Digitally signed by RAGHVENDRA JAT
2 For Petitioner : Mr. Harshmander Rastogi, Advocate. For State/Respondent/s : Ms. Upasana Mehta, Dy. G.A. Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 07.05.2025
1. By way of this petition, the petitioner has prayed for following reliefs:-
“10.1 A writ and/or an order in the nature of writ of certiorari do issue calling the records from the respondent authorities pertaining to the Petitioner's case for its kind perusal, if deem fit in the facts and circumstances of the case. 10.2 A writ and/or an order in the nature of appropriate writ do issue directing the Respondent State Authorities to forthwith pay within such time frame as this Hon'ble Court may direct, the legally admissible dues of the petitioner along with interest at the rate 18% per annum from the date it became due till its actual realization. 10.3 A writ and/or an order in the nature of appropriate writ do issue directing the Respondent State Authorities to take such disciplinary action against the concerned delinquent officers because of whom such delay has been caused in making payment to the petitioner.
3 10.4 Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case. 10.5 The cost of the petition may also be awarded.”
2. Learned Counsel for the petitioner would submit that the work
order was issued in favour of the petitioner for the construction, five years routine maintenance and periodic renewal of the road constructed of rural road under the Pradhan Mantri Gram Sadak Yojana in the period between 07.12.2010 to 31.05.2011 and 01.06.2012 to 31.05.2016 for a single package No. CG-1103M- 01/CG-1103M-03. On the basis of the said, the petitioner’s firm carried out the work as per the Tender Agreement. 3. After completion and inspection of the work, the respondents have issued completion certificate vide Annexure P/3 to the petitioner’s firm. The petitioner firm in accordance with the general conditions of the contract, submitted monthly bills to the respondent agency before the fifteenth day of each month but the respondent agency failed to pay the sum due for the entire period of maintenance. Multiple requests have been made by the petitioner for payment but the same have been denied on the ground that bank authority has not been received. Hence, this petition has been filed by the petitioner. 4. Learned Counsel for petitioner would further submit that there is outstanding amount of Rs. 35,38,000/- with the respondent
4 authority, therefore, it is prayed that this petition may be disposed of directing the respondent authority to release the above mentioned amount at the earliest. 5. Learned State Counsel opposes the argument submitted by counsel for the petitioner. He further submits that the petitioner ought to have approached the Civil Court for his due amount, therefore, this petition is not maintainable. 6. Considering the above submissions and further considering the fact that on the similar facts, this Court in WP(C) No.2135/2025 has passed the order in favour of the petitioner, therefore, this petition is disposed of at this stage directing the respondent authorities to process the claim of the petitioner immediately and release the admissible dues payable to the petitioner, after adjustment of any payment either already made or any statutory deductions to be made from the dues payable to the petitioner. It is further directed that the payment should be made to the petitioner after due verification within maximum period of three months from the date of receipt of copy of this order, failing which, the petitioner is also be entitled for interest of the said amount @12% per annum from the date the amount failed due till the payment is actually made. 7.
It is made clear that this Court has not made any opinion on merits of the case. 5
8. With the aforesaid observation(s) and direction(s), this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat