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2025 DAILYLAW 46846 (CHH)

M/S L.C. KATRE v. STATE OF CHHATTISGARH

WPC/20/2025 · 2025-01-20

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:3268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 20 of 2025 1 - M/s L.C. Katre A Partnership Firm, Place Of Business At- Mission Road, Ratakhar, Korba, Chhattisgarh, Acting Through Its Partner Mr. L.C. Katre S/o B.L. Katre, Aged About 58 Yrs R/o Mission Road, Ratakhar, Korba, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Department Of Panchayat And Rural Development, Government Of Chhattisgarh Sector-19, North Block, Vikas Bhawan, Ground Floor, Nawa Raipur, Atal Nagar, Chhattisgarh 2 - Chief Engineer Pradhan Mantri Gram Sadak Yojna Chhattisgarh Rural Road Development Agency Civil Lines, Raipur- 492001 3 - Executive Engineer Cum Member Secretary Project Implementation Unit No. 1, Cgrrda, Jagdalpur, District- Bastar, Chhattisgarh 4 - National Rural Infrastructure Development Agency Ministry Of Rural Development Government Of India, 15 Nbcc Tower, 5th Floor, Bhikajicama Place, New Delhi ... Respondent(s) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.20 23:09:34 +0530 2 For Petitioner(s) : Shri Harshwardhan Parganiha, Advocate. For Respondent No. 1 to 3: Ms. Upasana Mehta, Dy. Govt. Advocate. For Respondent No. 4 : Ms. Anmol Sharma, Central Govt. Counsel Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 20.01.2025 1. The matter is today listed on default, as the petitioner had earlier not served the copy of the writ petition to the respondent no. 4. The petitioner by covering memo submitted the acknowledgment therein, that the copy of the writ petition has been supplied to the OfÏce of Union of India on 13.01.2025. 2. By the present writ petition, the petitioner is seeking a direction towards the respondent No.2/ Chief Engineer, Pradhan Mantri Gram Sadak Yojana (PMGSY), Chhattisgarh to refund the undisputed Additional Performance Security (APS) amount of Rs.42.81 lakhs deposited by the petitioner at the time of execution of the work which has been awarded to the petitioner vide work order dated 28.07.2023. 3. Learned counsel appearing for the petitioner submits that the work of renewal and maintenance of rural roads under the PMGSY has been completed and the Work Completion Certificate dated 11.03.2024 has been issued to him however, the amount of APS deposited by the petitioner has not been refunded by the respondent authorities till date. He further submits that the petitioner submitted a representation dated 13.03.2024 (Annexure P/5) before the respondent No.3/ Executive Engineer, PIU, District Balod 3 requesting the release of the amount of APS. 4. Learned counsel appearing for the State submits that if there is any APS amount has been deposited by the petitioner and the work has already been completed, the authority concerned will verify the same and will take necessary steps to release the said amount within a period of 30 days. 5. I have heard learned counsel for the parties and perused the documents. 6. In view of the above submission made by the learned counsel for the State, the respondent authority is directed to look into the matter and verify that if the work awarded to the petitioner has been completed, the APS amount deposited by the petitioner be released in accordance with law, subject to fulfillment of conditions enumerated in the agreement executed between the parties. 7. With the aforesaid direction, this writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib