Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:35696
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3834 of 2025 Garg Fabrications Through Its Proprietor Gajendra Agrawal, S/o Lt. Poonam Chand Agrawal, Aged About 51 Years Having Residence At 15, Modi Vihar, Ward No. 04, Jagatpur, Dhimrapur, Road, Raipur Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Tribal And Schduled Caste Development, Indravati Bhawan, Naya Raipur Atal Nagar Raipur Chhattisgarh 2 - Commissioner, Tribal And Scheduled Caste Development Indravati Bhawan, Naya Raipur Atal Nagar, Raipur Chhattisgarh 3 - Collector, District Raigarh Chhattisgarh 4 - Assistant Commissioner, Tribal Development Department District Raigarh Chhattisgarh. ---- Respondents For Petitioner : Mr. Arjit Tiwari, Advocate For State : Ms. Upasana Mehta, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 24/07/2025
1. With the consent of counsel for the parties, the matter is heard finally. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.24 17:30:31 +0530
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2. The petitioner has been filed this writ petition on the following relief(s) :
“i. That, this Hon'ble Court may kindly be pleased to allow the present writ petition. ii. That, this Hon'ble Court may kindly be pleased to issue an appropriate writa writ in the nature of Mandamus or any other appropriate writ, direction or
order, directing the Respondents to release and disburse the amount of Rs. 24,56,347 (Rupees Twenty Four Lakh Fifty Six Thousand Three Hundred Forty Seven Only)to the Petitioner forthwith, as per the communication dated 24/08/2023& 05.07.2024; iii. That, the Hon'ble Court may Award interest @ 12% per annum on the said amount from the date of execution of work till actual realization; iv. Award costs of the present petition in favor of the Petitioner; v. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, in the interest of justice.”
3. Counsel for the petitioner contended that during the period from December, 2018 to March, 2019, petitioner has supplied furniture to the Tribal Development Department. The payment of amount of Rs.24,56,347/- which is the legitimate amount and undisputed dues of the petitioner against the work executed for the Tribal Development
3 Department. He further contended that on 24.08.2023, letter Annexure P-3 Office of the Assistant Commissioner, Tribal Development Department, Raigarh issued a communication affirming that the works were indeed executed by petitioner. However, there is also mentioned that there is some illegality committed by the Assistant Commissioner Shri Sankalp Sahu and there is departmental enquiry initiated against him, but the communication of affirming letter issued by the Assistant Commissioner, Tribal Development Department, Raigarh and on 05.07.2024 (Annexure P-4) issued by the Assistant Commissioner, Tribal Development Department, Raigarh to the Commissioner, Tribal Development Department for permission of disbursement of said amount. It would be worthy to mention here that despite the clear acknowledgment by the competent department and recommendation for payment, the said amount has not yet been disbursed to the Petitioner even after repeated representations. 4. Learned counsel for State contended that the concerned authority is ready to decide the representations made by the petitioner. 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. Considering the facts and circumstances of the case and submission made by learned counsel for the parties.
On perusal of the documents available on record, it is crystal clear that despite the clear acknowledgment made by the competent authority and the
4 recommendation made for payment, the said amount has not been disbursed to the petitioner yet and the several representations made by the petitioner has also not been decided and still pending, at this stage this writ petition is disposed of with a direction to respondent No.2 to consider and decide the representations made by the petitioner and after due verification, disburse the undisputed amount as expeditiously as possible in accordance with rules, regulations and law. 7. Accordingly, the instant petition is disposed of. Sd/-
(Arvind Kumar Verma) Judge Vasant