Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:33539-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3695 of 2025 M/s Akshat Steel Through It's Properitor Akshat Agrawal Aged About 24 Years S/o Shrimahesh Kumar Kedia Situated At Patparia Near Punjab Garden Ambikapur Surguja District Surguja (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) Bilaspur District Bilaspur (C.G.) 3 - Assistant Commissioner (Tribal And Scheduled Caste Development Department) Bilaspur District Bilaspur (C.G.) 4 - Chhattisgarh State Industrial Devlopement Corporation Limited Through It's Chief General Manager (Marketing) Office At- 1st Floor Udhyog Bhawan Ring Road No-01 Telibandha Raipur 492006 (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Rajat Agrawal, Advocate For Respondent Nos. 1 to 3/State : Mr. Y.S. Thakur, Addl. Advocate General For Respondent No.4 : Mr. Animesh Tiwari, Advocate Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri
Bibhu Datta Guru,
Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
17.07.2025
1. Heard Mr. Rajat Agrawal, learned counsel for the appellant. Also heard Mr. Y.S. Thakur, learned Additional Advocate General, ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA
2 appearing for the State/respondent Nos. 1 to 3 and Mr. Animesh Tiwari, learned counsel, appearing for respondent No.4. 2. The present writ petition has been filed by the petitioner, praying for following relief:-
“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 or commands, commanding and directing 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 or commands, commanding respondent no. 02 and 03 to clear the admissible amount of Rupees 22,73,380/- + GST with immediate effect and provide interest 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. It has been pointed out by learned counsel, appearing for the petitioner as well as learned counsel appearing for the respondents that in an identical matter, this Bench had dismissed WPC No. 2870/2025 (M/s Sai Info Services vs. State of
3 Chhattisgarh & Others) vide order dated 16.06.2025, observing as follows :
“12. A reading of the aforesaid judgments makes it clear that it is well settled proposition of law that when there are disputed question of facts involved in a case, the High Court should not exercise its jurisdiction under Article 226 of the Constitution of India. It has been held that the remedy under Article 226 of the Constitution of India may not be proper. 13. 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. 14. Considering the submissions advanced by learned counsel for the parties, further considering the 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. 15. 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).”
4 They further submit that since the facts and issue involved in the present case is identical to that of WPC No.2870/2025, this petition may also be dismissed in the same terms. 4. Having considered the rival submissions made by learned counsel for the parties and having gone through the materials on record, it is evident that the facts and issue involved in this petition is identical to WPC No.2870/2025, this Court deems it appropriate not to take a view other than what has been taken in WPC No.2870/2025. 5. Accordingly, the present petition is dismissed in terms of the
order dated 16.06.2025 passed in WPC No.2870/2025. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra