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2025 DAILYLAW 38048 (CHH)

VIKRAM PRATAP BANJARE v. STATE OF CHHATTISGARH

WPC/4061/2025 · 2025-07-31

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:37842 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4061 of 2025 1 - Vikram Pratap Banjare S/o Shri Jagnathiya Banjare Aged About 26 Years R/o Village Durug, Tahsil Bhatgaon District Sarangarh-Bilaigarh C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, District Sarangarh-Bilaigarh C.G. 2 - Sub Divisional Officer, Bilaigarh, District Sarangarh-Bilaigarh C.G. 3 - Executive Engineer And Member Secretary, District Water And Sanitation Mission, Public Health Engineering Division, Balodabazar, District Balodabazar-Bhatapara C.G. 4 - Executive Engineer And Member Secretary, District Water And Sanitation Mission, Public Health Engineering Department, Sarangarh, District Sarangarh-Bilaigarh C.G. 5 - M/s N.K. Gupta And Company, Civil Contractor, 154, Indira Commercial Complex, Transport Nagar, Korba, District Korba C.G. ----Respondents For Petitioner : Mr. Raghvendra Pradhan, Advocate For Respondent-State : Ms. Poorva Tiwari, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 01/08/2025 1. The present writ petition writ petition has been filed seeking following relief(s);- Digitally signed by JYOTI JHA Date: 2025.08.01 17:59:38 +0530 2 10.1 That, the Hon'ble Court may kindly be pleased to allow the petition and kindly be pleased to set-aside the order dated 10-07-2025 (Annexure P-1) and restore the interim stay order dated 30.04.2025; 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to conduct a technical inspection of the work site through an independent engineering body and submit a report to this Hon'ble Court; 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities that no further construction be allowed within the school premises until such technical certification is received and safety is ensured; 10.4 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to not consider the reply submitted by Mr. Lakhan Sahu as unauthorized and direct the respondent No.2 to remove his submissions from the record. 10.5 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate. 2. Learned counsel for the petitioner submits that the petitioner challenges the arbitrary and unreasoned order dated 10.07.2025 (Annexure P-1) passed by the Sub-Divisional Officer, Bilaigarh, District Sarangarh-Bilaigarh (C.G.) in Case No.B/121/2024-25 (Vikram Pratap Banjare Versus Contractor M/s. M.K. Gupta and company others), in which vacated the earlier stay the order, dated 30.04.2025. The matter pertains to a government project under the Jal Jeevan Mission for construction of a water tank and pipeline in Village Durg. The work is being executed by Respondent No.5 in violation of engineering standards, posing serious risk to public safety. Despite the petitioner raising objections and a stay being granted earlier, the respondent No.2 passed a non-speaking and unjust order without technical inspection or proper hearing. 3. Learned counsel for the respondents opposed the submission made 3 by the learned counsel for the petitioner. 4. I have learned counsel for the parties and perused the records with utmost circumspection. 5. Considering the facts and circumstances of the case and also considering the submission made by the learned counsel for the parties, this Court is of the opinion that the matter pertains to a government project under the Jal Jeevan Mission for construction of a warter tank and pipeline in village Durg and the petitioner has no locus standi to file the present writ petition and the relief sought by the petitioner cannot be granted under Article 226 of the constitution of India and the petitioner may pursue his grievance before the respondent No. 2. Accordingly, the present writ petition stands dismissed. Sd/- (Arvind Kumar Verma) Judge Jyoti