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2025 DAILYLAW 48524 (CHH)

STATE OF CHHATTISGARH v. M/S A.K. CONSTRUCTION

REVP/393/2025 · 2025-11-26

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:57755 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 393 of 2025 1 - State Of Chhattisgarh Through The Secretary, Public Health Engineering, Secretariat, Mahanadi Bhawan, Capital Complex, Nawa Raipur, District Raipur, Chhattisgarh. 2 - The Member Secretary, State Water And Sanitation Mission (Apex Committee), Public Health Engineering, Secretariat, Mahanadi Bhawan, Capital Complex, Nawa Raipur, District Raipur (C.G.) 3 - The Mission Director, Jal Jeevan Mission, Public Health Engineering Department, Neer Bhawan, Civil Lines, Raipur, District Raipur (C.G.) 4 - The Executive Engineer And Member Secretary, District Water And Sanitation Mission, Public Health Engineering Division, Surajpur, District Surajpur (C.G.) ... Petitioner(s) versus SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.11.27 17:16:37 +0530 2 1 - M/s A.K. Construction Opp. 6th Floor, 30/602, Ashok Ratan Shankar Nagar, Raipur, District Raipur Chhattisgarh. Through Its Partner Shri Ajeet Kumar, S/o Shri Balram Singh, Aged About 48 Years, Resident Of Gram Bihat Ward No. 29, Thana Barauni Begusarai, Bihar 851135. 2 - Shri Ajeet Kumar, S/o Shri Balram Singh, Aged About 48 Years Partner M/s A.K. Construction, R/o Gram Bihat Ward No. 29, Thana Barauni Begusarai, Bihar 851135. 3 - M/s Vijay V Salunkhe, Through Proprietor Shri Vijay Vasant Salunkhe, Registered O>ce At Mangla Sr.No. 484/38, Mitra Mandal Colony, Parvati, Near Rajmahal Hotel, Pune (Maharashtra) 411009. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri U.K.S. Chandel, Dy. Advocate General. For Respondent No. 1 & 2 : Shri B.P. Sharma with Raza Ali, Advocates Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 27.11.2025 1. By the present review petition, the applicants/ State seeks review of the order dated 07.03.2025, passed by this Court in WPC No. 1263/2025. 3 2. After arguing for some time, learned Dy. Advocate General would submit that in paragraphs 13 & 14 of the order dated 07.03.2025, this Court directed the Chief Secretary to the Government of Chhattisgarh to take up this matter at his level and proceed in accordance with law and on its own merits, after following the due process of law. He would submit that the work in question is under Jal Jeevan Mission (Har Ghar Jal) Doated by the Central Govt. under the said scheme the ‘Apex Committee’, constituted under Clause 5.2 [State Level-State Water and Sanitation Mission (SWSM) ] of the operational guidelines for the implementation of Jal Jeevan Mission (Har Ghar Jal) implemented by the Ministry of Jal Shakti, Department of Drinking Water and Sanitation, National Jal Jeevan Mission, Govt. of India, wherein the Chief Secretary is also a member. 3. He would submit that in view of the aforesaid fact, in place of the ‘Chief Secretary’, the said direction be given to the ‘Apex Committee’, which is constituted under Clause 5.2 [State Level-State Water and Sanitation Mission (SWSM) ] of the operational guidelines for the implementation of Jal Jeevan Mission (Har Ghar Jal) implemented by the Ministry of Jal 4 Shakti, Department of Drinking Water and Sanitation, National Jal Jeevan Mission, Govt. of India, wherein the Chief Secretary is also a member. 4. At this juncture, learned counsel for the writ petitioners/respondent nos. 1 & 2 herein, would submit that the petitioners have already completed 70% of work allotted to them, hence some time limit may be Kxed. 5. Having considered the aforesaid facts and circumstances of the case and considering the submission made by the State in place of ‘the Chief Secretary to the Govt. of Chhattisgarh’, ‘the Apex Committee’, which is constituted under Clause 5.2 [State Level-State Water and Sanitation Mission (SWSM) ] of the operational guidelines for the implementation of Jal Jeevan Mission (Har Ghar Jal) implemented by the Ministry of Jal Shakti, Department of Drinking Water and Sanitation, National Jal Jeevan Mission, Govt. of India, is directed to take up this matter at its level and proceed in accordance with law and on its own merits, after following the due process of law, as early as possible preferably within a period of 45 days from today. 5 6. With the aforesaid observations and directions, the order dated 07.03.2025 passed in WPC No. 1263/2025 is modiKed to the said extent. 7. Remaining part of the order dated 07.03.2025 passed in WPC No. 1263/2025 shall remained unaltered. 8. A copy of this order be made form part of the order passed in in WPC No. 1263/2025 dated 07.03.2025. Sd/- (Bibhu Datta Guru) Judge Shoaib