Extracted from the PDF above. The PDF is authoritative.
1
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3365 of 2022 1 - M/s Jha Hardware Through - Proprietor Shrawan Kumar Jha, S/o Late Tarakant Jha, Aged About 41 Years, R/o Pushpal, Block Chhindgarh, Tahsil Chhindgarh, District - Sukma (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, Atal Nagar,
New
Raipur,
District
Raipur
(C.G.) 2
- Collector
Sukma,
District
-
Sukma
(C.G.) 3 - Sub Divisional Officer Rural Engineering Services, Sub Division, Chhindgarh,
District
-
Sukma
(C.G.) 4 - Executive Engineer Rural Engineering Services, Division Sukma, District
-
Sukma
(C.G.) 5 - Sub Engineer Rural Engineering Services, Sub Division, Chhindgarh,
District
-
Sukma
(C.G.) 6 - Chief Executive Officer District - Panchayat Sukma, District - Sukma (C.G.) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.23 15:13:49 +0530
2 7 - Chief Executive Officer Janpad Panchayat Chhindgarh, District - Sukma (C.G.)
... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Praveen Dhurandhar, Advocate For State :- Mr. Satish Gupta, G.A. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 22.04.2025
1. The instant petition is being filed by the petitioner seeking direction to the respondent authorities importantly the respondent No.2 to make payment of the undisputed and verified amount to the petitioner. 2. The petitioner, in this writ petition, has prayed for following reliefs:-
“10.1 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities particularly the respondent No.2 to make payment of undisputed and verifying amount to the tune of Rs.2,61,304/- towards the building materials supplied by the petitioner under the Work order which was utilized by the respondents. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to release the undisputed amount claimed by the petitioner along with interest and may be pleased to direct the respondent No.2 to take decision over the
3 applications (Annexure-P/5) in a stipulated period of time. 10.3 That, this Hon'ble Court may kindly be pleased to set-aside the memo dated 17-08-2020 (Annexure P-4). 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.”
3.
Fact of this case is that though as per the work order, the petitioner supplied building material for purpose of construction of work Shed for Self Help Group for village Pushpal, District Sukma to the tune of Rs 2,61,304/-, which was duly verified by the Sub Engineer/respondent No.5, but payment of the same has been not made to the petitioner. 4. Learned counsel for the petitioner submits that the though the petitioner has filed application for the above amount before the Collector/respondent No.2, but the same has not been paid on the count that the respondent No.2 cancelled all the work orders of petitioner as well as others as the work order. He submits that earlier the work order was given to the petitioner for supply of building material and subsequently the petitioner supplied the material wroth Rs.2,61,304/- and the same was used in construction by the respondents and subsequently the respondent No.2 cancelled all the work orders and the payment of amount of Rs. 2,61,304/- has not been released. He submits that a direction may be issued to the respondent authorities importantly the
4 respondent No.2 to make payment of the undisputed and verified amount to the petitioner. 5. Considering the fact that the claim of the petitioner arises out of a tender proceeding which was finalized by the respondent authorities and the petitioner also having executed the same, without making any comment so far as the actual entitlement of the petitioner is concerned, the petitioner is directed to approach the respondent authorities especially respondent No. 2 to decide his claim at the earliest subject to verification of facts by the authorities concerned. It is expected that the concerned respondent authorities shall take a decision at the earliest preferably within a period of 4 months from the date of receipt of copy of this order. 6. It is made clear that this court has not expressed any opinion on the merits of the case and the competent authority is at liberty to pass appropriate orders, on its own merits, in accordance with law. 7. With the aforesaid observation, the writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha