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2025 DAILYLAW 52932 (CHH)

M/S POOJA CONSTRUCTION v. STATE OF CHHATTISGARH

WPC/54/2023 · 2025-10-09

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:50680 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 54 of 2023 M/s Pooja Construction A Partnership Firm (Registered Under The Provisions Of Indian Partnership Act) Through Its Managing Partner Shri Manish Guru, S/o - Late Shri Dr. Nandan Guru, Aged About 52 Years, Having Its Registered Office At Old Market Bacheli, District : Dantewada, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Principal Secretary, Public Works Department, New Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 2 - President / Collector Jila Nirman Samiti, South Bastar, Dantewada, Chhattisgarh. 3 - Assistant Commissioner, Tribal Development South Bastar, Dantewada, Chhattisgarh. 4 - Nodal Officer/ Executive Engineer, Public Works Department, South Bastar, Dantewada, Chhattisgarh. ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. Anurag Jha, Advocate. For Respondent-State : Mr. Ajit Singh, GA. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 10.10.2025 1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: 2 “RELIEF SOUGHT:- (1) to issue a writ in the nature of Mandamus directing the respondent authorities to make a payment of admitted dues to the tune of Rs.77,42,546/- to the petitioner firm along with interest to be charged as per prevailing commercial rate of interest for delay in such payment. (ii) Any other relief /reliefs which this Hon'ble court deems fit and proper under the facts and circumstances of the case, may be provided to the petitioner.” 2. Relevant facts of this case are that in the year 2012, the Public Works Department has issued tender for construction of Polytechnic College at Geedam (Administrative/College Building); said tender was successfully awarded to the petitioner being the lowest bidder; in this regard an agreement dated 17/04/2012 has been executed between the parties and on 24/05/2012 work order has been issued by the respondents. After said allotment of contract, the petitioner firm executed the same and completed the work as per agreed terms and conditions within an stipulated time period. After completion of the work, a completion certificate dated 07/03/2015 has also been issued to the petitioner by the respondent authorities concerned. 3. By way of present petition, the petitioner is not challenging any order but seeking a direction to the concerned Respondents- Authorities to release the balance and remaining payment of Rs.77,42,546/- alongwith interest due and payable to the Petitioner Firm. Hence, this petition. 3 4. Learned counsel appearing for the petitioner contended that this writ petition may be disposed of permitting the petitioner to file fresh representation before respondent Nos.1 & 2 raising all grounds as raised in this writ petition and respondent Nos.1 & 2 be directed to consider and decide the same in accordance with law within an stipulated time frame. 5. Learned counsel appearing for the respondents/State submits that he is having no objection to the limited prayer made by counsel for the petitioner. 6. Heard learned counsel for the parties. 7. Considering facts of the case, submission of learned counsel for parties, this writ petition is disposed of permitting the petitioner to file fresh representation alongwith relevant documents before respondent Nos.1 & 2 raising all grounds as raised in this writ petition within '15 days' from the date of receipt of copy of this order. If such representation is filed by petitioner, respondent Nos.1 & 2 shall consider and decide the same in accordance with relevant rules/law/regulation within an outer limit of '90' from the date of receipt of copy of such representation and they finds if any undisputed amount, disburse the same to the petitioner, subject to verification. Sd/- (Arvind Kumar Verma) Judge J/-