1 2025:CGHC:21838 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2375 of 2025 1 - M/s Shiv Shakti Constructions Through Partner- Subhash Tripathi, S/o Late Muralidhar Tripathi, Aged About 55 Years, R/o Namna Kala, Ring Road, Ambikapur, P.S. Gandhinagar, District Sarguja, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Public Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - The Collector Surajpur, District : Surajpur, Chhattisgarh 3 - The Managing Director Chhattisgarh Medical Services Corporation Limited, 3rd Floor, Govind Sarang Business Parisar, New Rajendra Nagar, District Raipur, Chhattisgarh. 4 - The Executive Engineer Chhattisgarh Medical Services Corporation Limited, House No. 407, Ward No. 13, Near Nawapara Gramin Bank, Ambikapur, District Surguja, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Apoorva Tripathi, Advocate. For State : Mr. Praveen Das, Dy. A.G. For Respondent No. 3 & 4 : Mr. Raghvendra Pradhan, Advcoate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 09/05/2025 1. By way of this petition, the Petitioner humbly seeks the indulgence VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 of this Hon’ble Court for issuance of an appropriate direction to the Respondents to forthwith release the undisputed, lawfully due, and admitted amount in respect of the lift installed by the Petitioner during the execution of the awarded work titled ‘Construction of 100 Bed Hospital at District Surajpur including Electrification Work’, which amount is being unlawfully withheld by the Respondent Department without any justifiable reason. 2. The petitioner has prayed for following reliefs:- “10.1 This Hon'ble Court may be pleased to call for the records of the case pertaining to the petitioner from the respondents for its kind perusal. 10.2 This Hon'ble Court may be pleased to direct the respondent authorities to release the undisputed and admitted amount of the petitioner with respect to the installation of the Stretcher and Passenger Lift in the 100 Bedded District Hospital at District Surajpur amounting to Rs. 44.29/- Lacks (Rs. Fourty four lacs Twenty nine thousands only/-) which has been withheld by the respondents along with a suitable interest of 24% per annum from the date of Inauguration of the said Premises i.e. 19.09.2018. 10.3 That, any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case. 10.4 Cost of the petition may also be awarded.” 3. Learned counsel for the petitioner submits that on verbal 3 instructions, he has installed Elevator (Lift) in the Hospital however after installation of the same, the payment has not been made on an allegation that no written order has been passed and no tender has been issued for the same. 4. Learned counsel for the respondents have submitted there is no dispute that in the Hospital, Elevator (Lift) has not been installed by the petitioner, but it has not been installed on any written order, as such, the amount could not be paid. 5. Be that as it may, considering the facts and circumstances of the case, the nature of the grievance raised, the limited prayer made by the petitioner, and further considering the fact that the Elevator (Lift) has already been installed which has not been opposed by any of the parties, the concerned respondent authorities are directed to consider this fact and pass the appropriate orders in respect of outstanding payment of the same, subject to verification of the same, in accordance with law, within a stipulated time, preferably within an outer limit of 60 days from the date of receipt of copy of this order. 6. With this observation and direction, the writ petition is disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha