1 2025:CGHC:54750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5715 of 2025 Janak Ram Verma S/o Late Shri Dukalu Ram Verma Aged About 79 Years (Senior Citizen), Ex A Class Electric Contractor, Resident Of - 128, Jawahar Nagar Durg Tahsil And District- Durg, C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan New Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, C.G. 2 - The Engineer-In-Chief North Block Sector-19, Naya Raipur, Atal Nagar, Dist. Raipur, C.G. 3 - The Chief Engineer Public Work Department (E/m) Sirpur Bhawan, Near Aakashwani Raipur, District- Raipur, C.G. 4 - The Collector Jagdalpur, District- Bastar , C.G. 5 - The Superintending Engineer Public Work Department (E/m) Sirpur Bhawan, Civil Line Campus, Near Aakashwani Raipur, District- Raipur, C.G. 6 - The Executive Engineer Public Works Department (E/m), Division Jail Road Jagdalpur, District Bastar, C.G. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.12 11:31:48 +0530 2 7 - The Sub-Divisional Officer Public Works Department (E/m), Division Jail Road Jagdalpur, District Bastar, C.G. ... Respondents For Petitioner : Mr. R.S. Patel, Advocate For Respondent -State : Mr. Satish Gupta, Government Advocate Hon’ble Shri Justice Parth Prateem Sahu, Judge Order on Board 11.11.2025 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1 That this Hon’ble Court may kindly be pleased to issue appropriate writ and direct the respondent authorities to make payment due amount of bill, total amount of Rupees (after deduction) in the years 2021 is Rs. 22,71,871/- and in the year 2022 Rs. 09,88,334/- Total amount of Rs. 32,60,205/- (Thirty two lakh, sixty thousand, two hundred -ve rupees only). Which are pending before them to the petitioner within 30 days with 18%, in the interest of justice. 10.2 That, this Hon’ble court may kindly be pleased to issue appropriate writ and direct the respondent to consider the representation dated 18.08.2025, in the interest of justice. 10.3 Any other relief which the Hon’ble court deems -t and proper under the facts & circumstances may also be provided to the petitioner.” 2. Learned counsel for petitioner would submit that petitioner has supplied the goods as forming part in Annexure P-1/copy of order dated 21.05.2019 and registration certificate and Annexure P-2/ copy of relevant portions of various bills which have been certified and forwarded by the Executive engineer PWD ( B & R) Division Jagdalpur & Sub Divisional Officer PWD E/M Sub Division Jagdalpur . The value of the goods as mentioned is Rs. Thirty two lakhs sixty thousand two 3 hundred five rupees only (Rs. 32,60,205/-) after deduction . The goods were supplied in the year 2021 and 2022 however, till date payment has not been received. Petitioner has submitted several representations on subsequent dates before concerned respondent authorities, however, till date the decision on the representations has not been taken, therefore, direction be issued to respondent no. 2 to 6 to consider the representations, pass appropriate orders and to release undisputed amount due in favor of petitioner at the earliest. 3. Learned counsel for State submits that after receipt of advance copy of this writ petition he has verified the facts as pleaded in this writ petition and as per the information supplied to him by concerned authority, petitioner executed the work and bill submitted by petitioner is pending consideration. He further submits that an appropriate decision will be taken in accordance with law on the pending representation of petitioner expeditiously. 4. I have heard learned counsel for respective parties and also perused the documents enclosed along with this writ petition. 5. As per the submission made by counsel for petitioner that, based on the rate contract petitioner has supplied goods as forming part of Annexure P-1 and Annexure P-2, however, till date amount due towards bill has not been disbursed in his favor till date. 6. Hon’ble Supreme Court in the case of ABL International Ltd. Vs. Export Credit Guarantee Corporation of India Ltd, has held as under:- “10. It is clear from the above observations of this Court in the said case, though a writ was not issued on the facts of that case, this Court has held that on a given set of facts if a State acts in an arbitrary manner even in a matter of contract, by way of writ under Article 226 of the Constitution and the Court depending on facts of the said case is empowered to grant the relief. This judgment in K.N. Guruswamy V. State of Mysore [AIR 1954 SC 592 : (1955) 1 SCR 305] was followed subsequently by this 4 court in the case of D.F.O. v. Ram Sanehi Singh [(1971) 3 SCC 864] wherein this Court held (SCC p. 865, para4) “By that order he has deprived the respondent of a valuable right. We are unable to hold that merely because the source of the right which the respondent claims was initially in a contract, for obtaining relief against any arbitrary and unlawful action on the part of a public authority he must resort to a suit and not to a petition by way of a writ. In view of the judgment of this court in K.N. Guruswamy case [AIR 1954 SC 592 :(1955) 1 SCC 305] there can be no doubt that the petition was maintainable, even if the contract where the action challenged was of a public authority invested with statutory power.” 23. It is clear from the above observations of this Court, once the State is a party of the contract, it has an obligation in law to act fairly, justly and reasonably which is the requirement of Article 14 of the Constitution of India. Therefore, if by the impugned repudiation of the claim of the appellants the first respondent as an instrumentality of the State has acted in contravention of the above said requirement of Article 14, then we have no hesitation in holding that a writ court can issue suitable directions to set right the arbitrary actions of the first respondent….” 7. In the aforementioned facts of the case and decision rendered by Hon’ble Supreme Court in the case of ABL International Ltd. Vs. Export Credit Guarantee Corporation of India Ltd., writ petition at this stage is disposed of directing respondent no. 2 to6 to decide the representations and claim of the petitioner as claimed in his representations Annexure P-3 submitted on subsequent dates and to take decision in accordance with law expeditiously preferably within a further period of 8 weeks from the date of receipt of copy of this order. 8. With the aforementioned observation/direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) alfiza Judge