Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:3528
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 395 of 2025 1 - Khuji Ram Sahu S/o Ramchandra Sahu Aged About 38 Years Shyam Nagar Jarhagaon, Distt. Mungeli (C.G.).
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Public Works Department Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur, District Raipur (C.G.). 2 - Engineer-In-Chief, Public Works Department North Block Sector-19 Nirman Bhawan Nava Raipur Atal Nagar, District Raipur (C.G.). 3 - Superintendent Engineer, Public Works Department, Bilaspur Mandal, Bilaspur (C.G.). 4 - Executive Engineer, Public Works Department, Mungeli Division, Mungeli (C.G.). 5 - Sub Divisional Officer, Public Works Department, Mungeli Division, District Mungeli (C.G.). 6 – Collector, Mungeli, District - Mungeli, (C.G.). 7 - Sub-Engineer, Office Of Sub Divisional Officer, Public Works Department, Mungeli, District Mungeli (C.G.).
2 / 3 8 - Branch Manager/ Technical Manager, Gunvatta Geotech Laboratory Near Over Bridge, Anand Nagar, Uslapur, Bilaspur, C.G. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Uttam Pandey, Adv. alongwith Ms. Pooja Sinha, Adv. For Respondents/ State : Mr. Santosh Bharat, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 21/01/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to release the balance amount of Rs.1.86 lakhs as the petitioner has completed the work of construction of approach road at Higher Secondary School building at Semarchuva which was allotted to the petitioner vide work order dated 26/09/2023.
2.
Learned counsel appearing for the petitioner submits that the work completion certificate (Annexure P/13) has been issued by the Engineer-in-Charge certifying that the work allotted to the petitioner has been done during the stipulated period however, when the petitioner raised the bill of total value of contract i.e. Rs.7.95 lakhs, the respondent authorities have released only Rs.6.06 lakhs to the petitioner deducting the amount of Rs.1.86 lakhs. There is no mention about the reason for which the concerned authority has not released the balance amount. He would further refer the details of payment in agreement (Annexue P/17) issued by the respondent authority.
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3.
Learned counsel appearing for the respondents/State submits that the value of the contract was Rs.7.92 lakhs however it appears from the details as prescribed in Annexure P/17 that the amount of Rs.1.86 lakhs has not been released. He would submit that the appropriate authority will verify and examine the same and if the said amount is not in dispute, the same will be released within a period of 30 days from the date of receipt of copy of this order.
4. I have heard learned counsel for the parties and perused the documents and the work completion certificate.
5. Perusal of the completion certificate would show that the petitioner has completed the work allotted to him vide work order dated 26/09/2023 within the stipulated period as fixed in the work order and the value of the contract is Rs.7.95 lakhs as reflected in the details of payment in agreement (Annexure P/17) however, the respondent authorities have released only Rs.6.06 lakhs to the petitioner and the balance amount of Rs.1.86 lakhs has been withheld without assigning any cogent reason.
6. In view of the above, the respondent No.2/ Engineer-in-Chief is
directed to look into the matter by verifying the claim of the petitioner and if the amount is found undisputed, the same shall be released within a period of 30 days from the date of receipt of a copy of this order.
7. With the aforesaid direction, this writ petition is disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar