BABA JAGANNATH BAIJNATH GLOBAL v. STATE OF CHHATTISGARH
WPC/6421/2024 · 2025-01-02
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46263 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46263 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:68
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6421 of 2024 Baba Jagannath Baijnath Global Through Its Proprietor - Adarsh Goyal, S/o Shri Arun Goyal, Aged About 32 Years, Office Situated At Opp Kewda Badi Bus Stand, Raigarh, District Raigarh Chhattisgarh
... Petitioner(s) versus 1 State Of Chhattisgarh Through Its Secretary, Department School Education Department,
Indrawati
Bhawan,
Mantralaya,
Raipur
Chhattisgarh 2 State Of Chhattisgarh Through District Education Officer, Raigarh, District - RaigarhChhattisgarh 3 The
Collector
Raigarh,
District-Raigarh
Chhattisgarh 4 Chhattisgarh State Industrial Development Corporation Limited Through Its Chief General Manager (Marketing), Office At 1st Floor, Udhyog Bhawan, Ring Road No. - 01, Telibandha, Raipur - 492006 Chhattisgarh
... Respondent(s) For Petitioner : Shri Sanjay Pathak, Advocate For Respondents/ State : Shri Anmol Sharma, P.L. For Respondent No. 4 : Shri Yogendra Pandey for Animesh Tiwari, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
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Order on Board 02/01/2025
1. The petitioner has filed this writ petition seeking direction to respondents No. 02 and 03 to clear the admissible amount of Rs. 01,18,16,432/- as per supply order No. 32303400073 with immediate effect and provide interest as per serial No. 13 of rate contract if any delay occurs.
2. Learned counsel for the petitioner submits that pursuant to supply order issued in favour of petitioner for supply of Pre School Kit petitioner has supplied required quantity of Pre School Kit to respondent No.2. When the petitioner raised the bills for payment of amount against the goods supplied, respondent No.2 has made part payment in the month of April 2023. Thereafter, petitioner made several requests orally, however, till date the request/representation for disbursement of the balance amount of Rs.01,18,16,432/- is not made. He submits that the petitioner has supplied the Pre School Kit to the satisfaction of the authority who had made/put the supply order and therefore petitioner is entitled for the balance amount along with interest as per the terms and conditions of rate contract. As per the rate contract the payment is to be made immediately after the supply of goods.
3. Learned counsel for the State submits that the supply order which is enclosed as Annexure P-2 would reflect that supply order has been made by respondent No.2 before whom the petitioner has not submitted any representation. He however submits that claim of the petitioner for disbursement of the amount if still pending
consideration it will be considered in accordance with law.
4. Learned counsel respondent No.4 submits that grievance of the petitioner is against respondents No. 2 & 3.
5. At this stage, learned counsel for the petitioner submits that the Mission Director before whom the representation is made is the disbursing authority and payment is to be made by respondent no.2. He submits that respondent No.2 has stated that amount has not been sanctioned by the authority.
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6. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition.
7. Considering the facts and circumstances of the case, ground raised in the writ petition as also submission of learned counsel for the petitioner that the Pre School Kit have been supplied by the petitioner in the month of April 2023 and amount is to be disbursed within 20 days from the date of receipt of articles under the supply
order, without commenting anything on merits of claim of the petitioner, this writ petition at this stage is disposed of permitting the petitioner to submit fresh representation before respondent No.2 as also respondent No.3 who is also holding the ex-offico post of Mission Director, Samagra Shiksha and if such representation is filed, the same shall be considered and decided by the concerned authority in accordance with law, expeditiously, preferably within a further period of 45 days from the date of receipt of representation and thereafter to disburse the undisputed claim raised by the petitioner. Sd/- (BIBHU DATTA GURU)
JUDGE Jyoti