1 2025:CGHC:7018 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3983 of 2023 1 - The Indian Hume Pipe Company Limited A Company Incorporate U / The Indian Companies Act, 1913 And Having Its Register Office At Construction House, 5, Walchand Hirachand Road, Ballard Estate, Mumbai 400001, Through Vice President Mr. Ajay Asthana S/o- Mr. Rajendra Prasad Asthana. Petitioner(s) versus 1 - Urban Administration And Development Department Govt. Of Chhattisgarh, Through Special Secretary, Mahanadi Building, Atal Nagar, Raipur-492002. 2 - Korba Municipal Corporation Through Its Commissioner, Water Supply Dept. Saket Bhawan, I T I Chowk, Korba- 495677. Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. Ajit Kumar Sinha, Senior counsel along with Mr. Sudhinder Singh and Mr. Apurv Goyal, Advocate For Resp. No. 1 : Mr. R.K. Gupta, Addl. Advocate General For Resp No. 2 : Mr. Amrito Das and Mr. P. Acharya, Advocates (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 07/02/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent/Corporation to release the withheld RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.02.17 10:57:37 +0530 2 amount, raised against RA Bill No. 23 in pursuance to the completion of work, awarded to the petitioner vide Work Order dated 15/11/2016. 2. During pendency of the present writ petition, the respondents have filed a reply on 07/08/2024, annexing a letter dated 25/07/2024 (Annexure-R/5) i.e. communication to the petitioner by the Corporation, whereby it was intimated to the petitioner to attend the office of Corporation for finalization and settlement of the final bill of the said work order. 3. Learned Senior Counsel appearing on behalf of the petitioner submits that from perusal of the communication dated 25/07/2024, it appears that the process for final bill is not being initiated as the petitioner has not signed the measurement book and the Executive Engineer has directed the petitioner to attend the office within 7 days. He would further submit by referring a communication dated 04/09/2020 by the Executive Engineer, Municipal Corporation to the Commissioner, wherein the Executive Engineer has raised certain objections to the objections raised by the Audit Department and negated the same. 4. Learned counsel for the Corporation, without raising objection to the communication dated 25/07/2024, submits that because of some requisite signatures of the petitioner in the measurement book, the bill has not been processed and in the event of presence of the petitioner before the Corporation, the bill and the dispute, if any raised either by the parties, shall be redressed by 3 providing sufficient opportunity of hearing to them. 5. I have heard counsel for the parties and perused the communication dated 25/07/2024 and also letter dated 04/09/2020. 6. On perusal of the communication dated 25/07/2024 & letter dated 04/09/2020, it appears that the Executive Engineer has directed the petitioner to appear in his office within a period of 7 days for settlement of the final bill. It is also reflected from the pleadings that if there is any objection by the Audit Department in respect of the work executed by the petitioner, the same has not been properly communicated to the petitioner and no explanation has been sought from him before withholding the payment of his bill, which was passed by the Executive Engineer on 13/12/2021. 7. Hence, it is directed that the petitioner may approach the Corporation in the first week of March, 2025 and in the event of approaching before the Corporation with a detailed representation, the Corporation by providing sufficient and proper opportunity of hearing to him, shall take a decision within a period of 25 days from the date of approaching of petitioner to the Corporation, without being influenced by any of the objection raised by the Audit Department. 8. With the aforesaid directions, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul