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2025 DAILYLAW 5094 (CHH)

M/S BISAHU RAM CHANDRA KASHI v. STATE OF CHHATTISGARH

WPC/519/2023 · 2025-04-23

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:18387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 519 of 2023 1 - M/s Bisahu Ram Chandra Kashi Through Proprietor Bisahu Ram Chandra S/o Late Battulal Chandra Aged About 44 Years R/o Kashigadh Tahsil Jaijaipur, District Sakti Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Additional Chief Secretary, Department Of Panchayat And Rural Development Collectorate, Kutchery Chowk, Raipur Chhattisgarh. 2 - The Collector Janjgir, District Janjgir Champa Chhattisgarh. 3 - The Chief Municipal Officer, Jaijaipur, District Sakti Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Ms. Anuja Sharma, Advocate For State/Respondents No.1 & 2 : Mr. Shreyansh Mehta, Panel Lawyer For Respondent No.3 : Mr. Chandresh Shrivastava, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 23/04/2025 1. Heard Ms. Anuja Sharma, learned counsel for the petitioner. Also heard Mr. Shreyansh Mehta, learned Panel Lawyer for the RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.04.30 19:15:41 +0530 2 State/respondents No.1 & 2 as well as Mr. Chandresh Shrivastava learned counsel for the respondent No.3. 2. Learned counsel for the petitioner submits that outstanding amount in respect of Pond cleaning and deepening under the “Environment Protection and Pollution Control measures scheme” by way of digging has not been given to the petitioner, as such, this petition has been filed for releasing of dues amount to the petitioner. She further submits that the measurement book was also prepared and everything has been measured, as such, there is no any dispute in respect of grant of dues to the petitioner. 3. Learned counsel for the petitioner also submits that since the work was in respect of cleaning and deepening of pond pertaining to year 2018, as such, at present, it would be difficult for the authorities to enquire the portion what has been done by the petitioner. The measurement book is one of the relevant evidence to consider the case of the petitioner, as such, same may be considered and dues amount may be released in favour of the petitioner. 4. On the other hand, learned counsel appearing for respondent No.3 submits that there is some dispute in respect of work completed by the petitioner, as such, a request was made to the respondent No.2 i.e. District Collector, to initiate some enquiry so that the claim of the petitioner may be decided. 3 5. I have heard learned counsel for the parties and also perused the material available on record. 6. Considering the facts and circumstances of this case and also considering the nature of dispute between the parties, the concerned District Collector, is directed to hear the petitioner as well as the respondent and if required, initiate some preliminary enquiry and if the amount as alleged by the petitioner is found to be genuine, it shall be disbursed within the outer limit of 45 days from the date of receipt of the copy of this order. 7. With the aforesaid observation(s) and direction(s), the present writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi