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2025:CGHC:6188
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 700 of 2025 1 - Mahabir Enterprises Through Proprietor Sarvesh Dwivedi, Aged 35 Years, S/o Shri Kamlesh Dwivedi, At- Village Rawelidih, Durg, C.G.
... Petitioner versus 1 - State Of Chhattisgarh Through Chief General Manager (Marketing), CG State Industrial Development Corporation Limited, At- 1st Floor, Udyog Bhawan, Ring Road No. 1, Telibandha, Raipur, C.G. 2 - Assistant Commissioner, Tribal & Scheduled Caste Development Department, Raigarh, C.G. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Vinay Nagdev, Advocate appeared through video conferencing For Respondent/ State : Ms. Anuja Sharma, Panel Lawyer For Respondent No.1 : Mr. Abhijeet Mishra, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 04/02/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to release the undisputed
2 / 3 amount in lieu of the supply of Mosquito Nets made from Polyamide (Nylon), made by the petitioner pursuant to the supply
order dated 28/02/2023 (Annexure P/3).
2.
Learned counsel appearing for the petitioner submits that the rate contract was executed between the respondent No.1 and the petitioner and pursuance to the said rate contract, supply order has been made by respondent No.2. The petitioner supplied the Mosquito Nets as per the supply order dated 28/02/2023 and raised the bill/ invoice 19/03/2023 (Annexure P/5) for the same before the respondent No.2, however the respondent authorities are not making payment till date.
3.
Learned counsel appearing for the State submits that if the amount raised in the said bill is undisputed, the same will be duly verified and necessary steps will be taken for payment towards the said bill raised by the petitioner within the stipulated time.
4.
Learned counsel appearing for respondent No.1 has not opposed the submission made by the State as the rate contract (Annexure P/2) was executed between the petitioner and respondent No.1.
5. I have heard learned counsel for the parties, perused the documents and the pleadings made by the petitioner.
6. From perusal of the rate contract dated 29/11/2022 (Annexure P/2) and the supply order dated 28/02/2023 (Annexure P/3), it appears that the respondent No.2 has issued the said supply
order for supply of Mosquito Nets to the petitioner and pursuance to the said supply order, the petitioner supplied the same and the Bill/ Invoice dated 19/03/2023 (Annexure P/5) was raised.
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7. In view of the above, the respondent No.2/ Assistant Commissioner, Tribal & Scheduled Caste Development Department, Raigarh is directed to verify and examine the claim raised by the petitioner towards the supply made pursuance to the supply order dated 28/02/2023 and if the amount is found to be undisputed, necessary steps be taken for payment of the said undisputed amount within a period of 50 days from the date of receipt of a copy of this order, in accordance with law.
8. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar