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2025 DAILYLAW 20923 (CHH)

BARNABAS BAXLA v. STATE OF CHHATTISGARH

WPS/3121/2025 · 2025-05-08

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 2 2025:CGHC:21766 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3121 of 2025 1 - Barnabas Baxla S/o Late Pitrus Baxla Aged About 63 Years R/o Kotra Road, Savitri Nagar, District- Raigarh C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, School Education Department Mahanadi Bhavan, Naya Raipur, District Raipur C.G. 2 - Collector, District- Raigarh C.G. 3 - Deputy Collector-Cum-Enquiry Officer, District Raigarh C.G. 4 - District Education Officer, District Raigarh C.G. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Mateen Siddiqui, Advocate For Respondents/ State : Mr. Soumitra Kesharwani, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 09/05/2025 1. By the present writ petition, the petitioner is questioning the order dated 24/04/2025 by which the petitioner has been directed to make contact with the contractor to whom excess payment has SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.05.13 16:10:59 +0530 2 / 2 been made towards the material supplied by the contractor i.e. Singhaniya Group and Industries for up-gradation of Govt. District Library, Raigarh and the same was made during the tenure of the petitioner. 2. Learned counsel for the petitioner would submit that the order dated 24/04/2025 is an order of recovery and the same cannot be made after retirement of the petitioner. 3. On the last date of hearing, the State Counsel was directed to seek instruction whether the order dated 24/04/2025 is an order of recovery or not. 4. On a query being made by this Court, learned counsel for the State, on instruction, would submit that the order dated 24/04/2025 is, in fact, not an order of recovery whereas due to the involvement of the petitioner an FIR has been directed to be lodged against the petitioner in the matter of excess payment to the Contractor Singhaniya Group and Industries for up-gradation of Govt. District Library, Raigarh. 5. In view of the aforesaid submission made by the State counsel that the order dated 24/04/2025 is not a recovery order, the writ petition is disposed of at this juncture. However, liberty is reserved in favour of the petitioner to approach the appropriate authority, if any grievance still exists. Sd/- (BIBHU DATTA GURU) Judge $. Bhilwar