1 2025:CGHC:23792 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2812 of 2025 Mohammed Alim S/o Mohammed Idrish Aged About 42 Years R/o Palace Road, Jagdalpur, Tahsil Jagdalpur, District Bastar Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Agriculture, Horticulture Department, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh. 2 - The Director Department Of Horticulture, V.I.P. State, Pramila Griha Nirman Samiti, Khamardiha, Raipur Chhattisgarh. 3 - Assistant Director Horticulture, Department Of Horticulture, Kondagaon, District Kondagaon Chhattisgarh. ---- Respondents For Petitioner : Mr. Alok Kumar Dewangan, Advocate For State-Respondents : Mr. Praveen Das, Dy. AG Hon'ble Shri Justice Arvind Kumar Verma Order on Board 13/06/2025 1. The present writ petition has been filed by the petitioner with the following relief(s) : 2 “10.1 The Hon'ble court may kindly be pleased to direct the Respondents to pay remaining amount of Rs 3,94,233.35/- to the petitioner with imposing suitable interest @ 8% per annum from the due date of payment till the date of actual payment to the petitioner in the interest of justice. 10.2 That, the Hon'ble court may kindly be pleased to direct the Respondents to make payment of expense for unnecessary litigation and compensation for undue suffering to the petitioner. 10.3 This Hon'ble court may kindly be pleased to call for entire records from the office of the respondents in respect of petitioner's claim. 10.4 That, any other Writ, order, directions or relief which the petitioner is entitle and this Hon'ble Court may deem fit may kindly be passed in favour of the petitioner. 2. Learned counsel appearing for the petitioner submits that the Assistant Director, Horticulture Department, Kondagaon, District Kondagaon, C.G. vide letter dated 31/10/2020 directed Branch Manager Axis Bank, 3 District Kondagaon, C.G. for doing R.T.G.S. of Rs.7,00,000/- in the Account No. 919020070189424, in respect of bills No. 144, 145, 146,147,148 & 149 out of the total amount of Rs. 10,94,233,35/- partial payment of Rs 7,00,000/- is being made. That it was also stated that the the remaining amount of Rs.3,94.233.35/- will be paid separately on receipt of amount in the office of Assistant Director, but yet despite several request and representations remaining amount is not been paid. The petitioner had invested huge amount by borrowing money from market by taking loan on interest for supplying material for planting coconut saplings in the pond bed under District Mineral Fund Trust for the year 2020-21, for labour payments & transportation charges which the petitioner is still bearing. That, due to large amount being stopped by the respondent authorities his financial condition become worst and is facing grave financial crises. He further submits that the respondents have not acted as per procedure thereby causing legal injury to the petitioner. The Respondents have not followed the Government instructions and procedure in this regard. Thus the petitioner is entitle to get 8% interest on delayed payment with payment of expense for unnecessary litigation and compensation for undue suffering. The respondents have failed to perform their duties on their obligatory part. It is apparent that undue harassment has been given to the petitioner which infringed Article 21 of the Constitution of India. That, the petitioner submits that his legitimate claims are still not settled by the respondent authorities and the Respondents have no reasonable 4 justification for not granting his remaining payments. The petitioner has been put in worst condition of life by depriving him from his legitimate claim. The act of the respondent authorities is most arbitrary which is clearly against the Article 14 & 21 of the Constitution of India. Consequently violated fundamental right of the petitioner hence warranted interference of this Hon'ble Court. The Respondents have harassed the petitioner as such they did not follow rule and Government instructions in this regard. Due to this negligent act of the Respondents for that the petitioner has suffered a lot. interest @ 18% on delayed payment and expense for unnecessary litigation and compensation for undue suffering in the interest of justice. He further submits that the act of the respondent authorities in not paying the legitimate claims of the petitioner is most arbitrarily and clearly against the principle of natural justice, consequently violated fundamental right of the petitioner hence warranted interference of this Court. Therefore, it is prayed that the court may kindly be pleased to direct the Respondents to pay remaining amount of Rs.3,94,233.35/- to the petitioner with imposing suitable interest @ 8% per annum from the due date of payment till the date of actual payment to the petitioner, in the interest of justice. 3. Learned counsel appearing for the State would submit that he may be permitted to verify the submission made by learned counsel for the petitioner. 5 4. I have heard learned counsel for the parties and perused the documents. 5. Considering facts of the case, submissions of counsel for the respective parties, this writ petition is disposed of directing to respondent No.3 to consider and decide representations filed by the petitioner vide Annexure P-3 collectively as expeditiously as possible, as per relevant rules, regulations and law. 6. Accordingly, the instant petition is disposed of. C.C. as per rules. Sd/- (Arvind Kumar Verma) Judge Vasant