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2025 DAILYLAW 5037 (CHH)

M/S RAMNIWAS AGRAWAL v. STATE OF CHHATTISGARH

MCC/94/2025 · 2025-01-30

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:5452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 94 of 2025 1 - M/s Ramniwas Agrawal Through- Partner Durgesh Agrawal S/o Ramnivas Agrawal Now Aged About 45 Years, Contractor, R/o Bhatapara, District- Balodabazar- Bhatapara ( C.G. ). ... Petitioner(s) versus 1 - State of Chhattisgarh Through- Secretary, Department Of Urban Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.). 2 - Collector Distt.-Balodabazar-Bhatapara (C.G.) 3 - Municipal Council Bhatapara Through- Chief Municipal Officer, Bhatapara, Distt.-Balodabazar Bhatapara (C.G.) ... Respondent(s) For Petitioner : Mr. Krishna Tandon, Advocate. For Respondents/State : Mr. Praveen Das, Dy. A.G. For Respondent No.3 : Mr. Vikram Sharma, Advocate. Hon'ble Justice Shri Bibhu Datta Guru Order on Board 30/1/2025 1. The present application has been filed for modification of the order dated 02/01/2025 passed by this Court in WPC No.5561/2022. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.30 17:17:53 +0530 2 2. Learned counsel for the applicant herein submits that in paragraph 2 of the order, it has been mentioned that as far as the interest on the escalation cost and security deposit, the petitioner may approach the authority and the authority was directed to consider the claim of interest of the petitioner and decide the same as per the terms and conditions of the agreement. He submits that there was no condition in the agreement itself, hence, the order be modified by deleting the part as per the terms and conditions of the agreement. 3. The writ petition i.e. WPC No.5561/2022 was disposed of on the basis of submissions made by learned counsel for the petitioner as well as the respondents and even if there is no provision for grant of interest in the terms and conditions of the agreement, only on the said ground, the order cannot be modified. If the petitioner is aggrieved by the rejection of his representation of the claim, he may challenge the same before the appropriate forum. 4. In view of above, the present MCC is disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep