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2025 DAILYLAW 26592 (CHH)

M/S SAI INFO SERVICES v. STATE OF CHHATTISGARH

WPC/2978/2025 · 2025-06-25

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:28098-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2978 of 2025 1 M/s Sai Info Services Through Its Properitor B. Koteswar Rao, Aged About- 36 Years, S/o- Shri Ram Babu Naik, Situated At- House No. 14, Phase- I, Shiva Residency, Mathpurena, Raipur, District- Raipur (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through Its Secretary, Department School Education Department, Indrawati Bhawan, Mantralaya, Raipur (C.G.) 2 The Collector Bilaspur (Tribal And Scheduled Caste Development Department), District- Bilaspur (C.G.) 3 Assistant Commissioner (Tribal And Scheduled Caste Development Department) Bilaspur, District- Bilaspur (C.G.) 4 Chhattisgarh State Industrial Develpment Corporation Limited Through Its Chief General Manager (Marketing), Office At- 1st Floor, Udhyog Bhawan, Ring Road No.- 01, Telibandha, Raipur- 492006 (C.G.) ... Respondent(s) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.06.27 12:09:19 +0530 2 For Petitioner : Mr. Rajat Agrawal, Advocate For Respondents/ State : Mr. Praful N. Bharat, A.G. along with Mr. Shashank Thakur, Dy. A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 26.06.2025 1. Heard Mr. Rajat Agrawal, learned counsel for the petitioner as well as Mr. Praful N. Bharat, A.G. along with Mr. Shashank Thakur, Dy. A.G. for State. 2. The present writ petition has been filled with the following prayer:- 10.1 That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, order commands, commanding and directing or the respondents to place the complete record related with the case of the petitioner for just and proper decision of the case. 10.2 That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, order ог commands, commanding respondent no. 02 and 03 to clear the admissible amount of Rupees 02,95,688/- + GST Tax / with immediate effect and provide interest 3 as per Serial No. 13 of rate contract if any delay occurs. 10.3 Any other relief, That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, order or commands, commanding and directing the respondents which the Hon'ble Court deems fit and proper looking to the facts and circumstances of the case, may also be granted. 3. Learned counsel appearing for the parties submit that the issue involved in this writ petition has already been considered and decided by this Court vide judgment dated 16.06.2025 in WPC No. 2870 of 2025, whereby the Division Bench of this Court has held as under:- 4. In the instant case, the relief sought by the petitioner is contingent upon the resolution of the disputed question of facts raised, and these questions cannot be adjudicated under Article 226 of the Constitution of India. In view of the aforesaid, it would not be appropriate for this Court to entertain the instant writ petition as there are disputed questions of fact involved. 5. Considering the submissions advanced by learned counsel for the parties, further considering the 4 disputed questions of law involved in this writ petition, the relief sought by the petitioner and in view of law laid down by the Supreme Court in the above- stated judgments (supra), we do not find any good ground to entertain this writ petition. 6. Accordingly, the writ petition being devoid of merit is liable to be and is hereby dismissed. However, liberty is reserved in favour of the petitioner to take recourse to other alternate remedies available to him under the law. No cost(s). 7. In view of above, the present writ petition is dismissed in terms of the order passed by this Court in WPC No. 2870 of 2025 No cost(s). Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S.Bhilwar/ Jyoti