1 2025:CGHC:32195-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5283 of 2022 M/s Shashank Moghe And Co. Through Its Partner Shri Anoop Kumar Gupta, Aged About 46 Years, S/o Shri Ramnandan Prasad Gupta, Having Its Registered Office At Gurukul Complex, Kalibadi Road, Raipur, District : Raipur, Chhattisgarh ... Petitioner versus 1 - The State of Chhattisgarh Through The Secretary, Department of Panchayat And Rural Development, Mantralaya, Raipur, Chhattisgarh. 2 - The Collector Korba, District : Korba, Chhattisgarh 3 - The Chief Executive Officer Zila Panchayat, Korba, District : Korba, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Harshmander Rastogi, Advocate For Respondents-State : Mr. Shashank Thakur, Deputy Advocate General For Respondent No.3 : Mr. Chandresh Shrivastava, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 11 .07.2025 1 Heard Mr. Harshmander Rastogi, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State/respondents No.1 and 2 and Mr. Chandresh Shrivastava, learned counsel appearing for respondent No.3. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.07.11 17:00:26 +0530 2 2 The present petition has been filed by the petitioner with the following relief(s):- “1) That, this Hon’ble Court may kindly order to relinquish both the criteria, i.e., point 3 of the Eligibility Criteria and clause (D) of the point 8 of the EOI document (Annexure P/1). 2) That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 3 When the matter was taken up for hearing on 09.07.2025, the following order was passed:- “Heard Mr. Harshmander Rastogi, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the respondents No. 1 & 2/State. Learned State counsel submits that in compliance of the order dated 07.07.2025 passed by this Court, the State informed the respondent No. 3 about the pendency of the petition. He further submits that the notice has been served to respondent No. 3, but inspite of serving of notice, the respondent No. 3 is not present before this Court. The District Magistrate, Korba is directed to ensure that the respondent No. 3 3 appeared before this Court through his counsel or personally, despite service of notice by the learned State counsel, he has not appeared before this Court and respondent No. 3 is also directed to file his personal affidavit explaining the above non- appearance before this Court inspite service of notice twice failing which appropriate orders will be passed for his appearance, as the matter is subjudice before this Court since 2022. Registrar (Judicial) as well as learned State counsel are directed to transmit a copy of this order to the District Magistrate, Korba forthwith for necessary information and follow up action. Let this matter be placed before this Court on 11.07.2025.” 4 In compliance of the Court’s order dated 09.07.2025, the Chief Executive Officer, Jila Panchayat Korba, District Korba (C.G.) has filed his personal affidavit, relevant portion of which reads as follows:- “3. That, the deponent respectfully submits that he has joined as Chief Executive Officer, Jila Panchayat, Korba on 29.10.2024. It is most respectfully submitted that the information with respect to pendency of the case was received by deponent on 07.07.2025 through communication made by the office of the Advocate General. After 4 receiving the information an effort was made to trace the case file but the same could not be found. It is most respectfully submitted that pursuant to the notice issued by the Hon'ble Court on 05.12.2022 the notice has not been received in Jila Panchayat, Korba and thus the file could not be traced. 4. That, the deponent most respectfully submits that there has been lapse on his part as inspite of clear information about the pendency of the case and the next date of listing, no representation was made on 09.07.2025 and for this the deponent tenders his unconditional apology and further assures the court that the same would never be repeated in future. It is submitted that since the case file was not found, there was delay in contacting the advocate and the same is unintentional and bonafide. 5. That, the deponent further submits that the expression of interest for selection of firms of Charted Accountant for pre-audit and online work with respect to District Mineral Foundation Trust was issued on 21.10.2022. It is submitted that the online work is presently being carried out by the employees of the Jila Panchayat and the Jila Panchayat, Korba does not wishes to proceed with the EOI dated 21.10.2022. 6. That, the deponent most respectfully submits that he has the highest regard and respect for the lawful authority of this Hon'ble 5 Court as well as its orders and directions issued from time to time and is duty bound to adhere to and abide by the orders and tenders his unconditional apology for non representation of Jila Panchayat, Korba on 09.07.2025.” 5 Learned counsel appearing for respondent No.3 tenders his unconditional apology for non-appearance before this Court in spite of serving of notice by the State. He further submits that insofar as the prayer which has been made by the petitioner, respondent No.3 does not intend to proceed further in the matter. 6 In view of the submissions made by learned counsel for respondent No.3 that the online work is presently being carried out by the employees of the Jila Panchayat and the Jila Panchayat, Korba does not wishes to proceed with the EOI dated 21.10.2022, the instant writ petition stands disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu