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2025 DAILYLAW 32946 (CHH)

PRAHALAD TENT HOUSE v. CHIEF ENGINEER PUBLIC WORKS DEPARTMENT

WPC/3645/2025 · 2025-07-14

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:32868 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3645 of 2025 1 - Prahalad Tent House Proprietor Manoj Kumar Agrawal, Aged About 52 Years, S/o Shri Prahalad Rai Agrawal, At Station Road, Sadar Bajar, Ward No. 9, Janjgir District Janjgir Champa Chhattisgarh ... Petitioner versus 1-Chief Engineer Public Works Department At North Block Sec-19 Naya Raipur Chhattisgarh 2-State Of Chhattisgarh Through Commissioner, Rahat/ Secretary, Ravenue And Disaster Management Department, At Mantralay, Mahanadi Bhawan, New Raipur, Atal Nagar, Chhattisgarh 3-District Collector, District Janjgir Champa Chhattisgarh 4-Executive Engineer Public Works, Champa, Subdivision Champa, District Janjgir Champa Chhattisgarh ... Respondents For Petitioner : Mr. Akash Mishra, Advocate appears through V.C. For State/Respondents : Mr. Saumitra Kesharwani, panel lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 15.07.2025 1. By way of this petition, the petitioner is seeking for the following reliefs:- a. The Court may kindly be pleased to pass appropriate writ(s)/order(s) and direct the respondents to make necessary arrangements and disbursal of funds to the petitioner so that his dues totaling to INR 2,21,236/- can be cleared within a ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.15 16:58:11 +0530 2 time frame fixed by this Hon’ble Court. b. The Court may kindly be pleased to pass appropriate writ(s)/order(s)/and direct the respondent no. 3 to take cognizance and act upon the letter of respondent no. 4 which is Annexure P/1 dated 15.04.2025 within a time frame fixed by this Hon’ble Court. c. Any other relief/direction that the Court may deem fits in the facts and circumstances of the case. 2. Learned counsel for the State contended that the order passed by this Court in WPC No. 5797 of 2024 vide order dated 22.11.2024 is different from the facts drafted in the instant petition. Hence, the instant petition shall not be entertained. 3. On perusal of the petition, it was found that in sub para 8.4 of para 8 it was mentioned as under:- 8.4. That, the petitioner moved a fresh representation to respondent no. 4 to take cognizance on 14.10.2024 but when no action is being taken by any of the authorities to redress the petitioner’s grievance petitioner was forced to file writ petition before this Hon’ble Court which was registered as WPC No. 5795/2024 and during hearing this Hon’ble Court passed the order dated 29/01/25:- “5. In view of the submissions made by the learned counsel for the parties, the respondent no. 2/Competent authority is directed to make a verification of the claim raised by the petitioner and the undisputed amount claimed by the petitioner be released within a period of 50 days from the date of receipt of a copy of this order, in accordance with law.” 4. However, this Court finds that in WPC No. 5797 of 2024 vide order dated 22.11.2024 has passed the following order in para no. 4: 4. Having heard the submission made by learned counsel for the parties and having regard to the limited prayer made by learned counsel for the petition, this petition is disposed of directing the respondent no. 3 to consider and decide the representation (Annexure P/3) dated 14.10.2024 filed by the petitioner as early as possible preferably within a period of 60 days from the date of receipt/submission of a copy of this order. 5. Therefore, having found the instant petition as defective, deserves to be 3 and is hereby dismissed. 6. However, the petitioner is at liberty to file a fresh petition, if so desires. 7. Accordingly, the instant petition stands dismissed. Certified copies as per rules. sd/- (Arvind Kumar Verma) alfiza JUDGE