1 2025:CGHC:20632-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2236 of 2025 Manish Rathore S/o Late Mohan Singh Rathore Aged About 38 Years R/o Banglapara, Police Station And District- Narayanpur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Collector/president Zila Nirman Samiti, District- Narayanpur (C.G.) 2 - Nodal Officer Zila Nirman Samiti, District- Narayanpur (C.G.) 3 - Executive Engineer Chhattisgarh Sadak Vikas Abhikaran, District- Narayanpur (C.G.) 4 - Executive Engineer PWD (B/R) Sub-Division Narayanpur, District- Narayanpur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Sushil Dubey, Advocate For Respondents-State : Mr. Prafull N. Bharat, Advocate General with Mr. Shashank Thakur, Deputy Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 06.05 .2025 1. Heard Mr. Sushil Dubey, learned counsel for the petitioner. Also heard Mr. Prafull N. Bharat, learned Advocate General assisted by ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.05.06 17:58:46 +0530 2 Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the respondents/State. 2. The present writ petition has been filed by the petitioner with the following prayers:- “10.1 That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to set aside/quash the Order dated 24.10.2024 issued by the Respondent Collector/President Zila Nirman Samiti Narayanpur as well as second tender invitation dated 10.03.2025 issued by the Executive Engineer Chhattisgarh Gram Sadak Vikas Abhikaran Zila Nirman Samiti District Narayanpur. 10.3 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to direct to direct to the Respondents to issue appropriate order in favour of the petitioner in respect of complete the remaining tender work strictly in accordance with law by making payment to 3 the petitioner for the completed work by the Respondent/State. 10.4 That, any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case..” 3. Learned counsel for the petitioner submits that on 31.05.2023, the Nodal Officer Zila Nirman Samiti Zila Narayanpur invited tender to its registered contractors for construction of "Naveen Tehsil Bhawan Nirman Karya Kohkameta" and thereafter, the petitioner along with other contractors participated in the tender process and submitted his tender. Thereafter, since the tender submitted by the petitioner was found be on the lowest rate, agreement in respect of tender work was executed between the Nodal Officer Zila Nirman Samiti Narayanpur on 26.07.2023 and after execution of the agreement, work order was issued in favour of the petitioner in respect of the tender work i.e. "construction of Naveen Tehsil Bhawan Nirman Karya Kohkameta." Since the place for the construction of the tender work was not decided by the District Administration, but later the place for the construction of tender work of "Naveen Tehsil Bhawan Nirman Karya Kohkameta." was decided to be in front of police station Kohkameta, District Narayanpur, thereafter, layout was marked by the Sub-Engineer Sub-Division P.W.D. Narayanpur on 20.12.2023 and decided that the work to be completed within a period of 6 4 months excluding the rainy season. He further submits that on 21.12.2023, the petitioner started the construction of the site as per the work order, but Zila Nirman Samiti did not issue first installment to the petitioner according to the provisions mentioned in the work order. Even non-payment of first installment, the petitioner did not stop the construction and completed the work till plinth level. The petitioner made an oral request to the Nodal Officer of the Zila Nirman Samiti regarding payment of installment, then the Nodal Officer replied to the petitioner to continue the construction work and after 15 days first installment would be released to him and as such, the petitioner completed the construction till chhajja level. It has been contended that the concerned Nodal Officer of the Zila Nirman Samiti did not issue the first installment in favour of the petitioner and thereafter, on 19.03.2024, the petitioner submitted a letter to the Nodal Officer of the Zila Nirman Samiti stating therein that he had completed the construction work till chhajja level ,but no payment was made to him, he therefore, requested for the payment of the installment and in situation of non-payment, he shall bound to stop the construction work of the building. It has been further contended that despite of non-payment of the first installment to the petitioner, the Nodal Officer has given notice dated 25.09.2024 and 10.10.2024 to the petitioner in respect of cancellation of the work order and threatened to the petitioner for blacklisting as also forfeited the earnest money deposited by the petitioner. By virtue 5 of the notice dated 25.09.2024 as well as 10.10.2024, the petitioner submitted his reply along with a legal notice through his Advocate to the Zila Nirman Samiti and on 24.10.2024, the Collector/President Zila Nirman Samiti cancelled the agreement in respect of construction of new Tehsil building and forfeited the security deposit. After cancellation of the agreement, the Executive Engineer Chhattisgarh Gram Sadak Vikas Abhikaran Zila Nirman Samiti Zila Narayanpur invited second Tender in respect of the remaining work of the New Tehsil Building on 10.03.2025 and on 20.03.2025, the petitioner has made a representation before the Nodal Officer, Zila Niram Samiti District – Narayanpur, but no action has been taken till date. 4. When the matter was heard on 05.05.2025, learned counsel for the petitioner prayed for time to file an affidavit as he is willing to complete the remaining work. 5. In compliance of the Court’s order dated 05.05.2025, the petitioner has filed his personal affidavit, which is reproduced below for easy reference :- “I, Manish Rathore, S/o late Mohan Singh Rathore, Aged about 38 Years, R/o Banglapara, Police Station and District- Narayanpur (CG) do hereby solemnly state on oath as under:- 6 1. That, I am the Petitioner in the instant petition and as such I am fully conversant with the fact and circumstance of the instant case. 2. That, I am a registered class 'C' contractor with registration No. CGeR08086 (24.11.2022). I have been allotted the Tender work of 'Construction of New Tehsil Building in Kohkameta' and for the same purpose I have entered into an agreement dated 26.07.2023 with the Nodal Officer, Zila Nirman Samiti Narayanpur. 3. That, the time allowed for completion of the said tender work is 6 months from the reckoned date excluding rainy season starting from the date of passing of layout dated 20.12.2023. 4. That, I have completed the said tender work till chhajja level but despite of submission of bills of completed work, the Respondents in the present petition did not make payment of any installments and therefore, it has become impossible to 7 complete the work without payment and thus, after giving representations as well as a legal notice to the Nodal Officer, Zila Nirman Samiti Narayanpur under s. 80 of CPC for payment of installment of completed work, I could not continue the tender work. 5. That, I am willing and ready to complete the tender work in terms of the agreement dated 26.07.2023 within 3 months excluding the rainy season. 6. That, I have completed the tender work till Chhajja level within three months from the date of passing of layout and before the 15th day of the each month, the Sub- engineer PWD after due measurement of the completed work had submitted the bills before the concerned Nodal Officer and therefore I/contractor is entitled to the payments of the bills in terms of clause 8 of the Agreement.” 6. Learned Advocate General has drawn the attention of the Court in paragraph-5 of the said affidavit, in which the petitioner has mentioned that he is willing and ready to complete the tender 8 work in terms of the agreement dated 26.07.2023 within 3 months excluding the rainy season. 7. Learned Advocate General submits that some fix date may be given so that the work will be completed, to which, learned counsel for the petitioner submits that he will complete the said work by 31.10.2025. 8. At this stage, learned counsel for the petitioner prayed that the payment be made in view of Clause-8 of the Agreement, a copy of which has been annexed at Annexure P/4. 9. In view of the above submission made by learned counsel for the petitioner, instant petition is disposed of and the petitioner is directed to complete the work in terms of the Agreement dated 26.07.2023 by 31.10.2025 and the payments, if any be made to the petitioner in view of Clause-8 of the Agreement. 10. It is made clear that if the petitioner fails to complete the work and undertaking given before the Court, the respondent authorities are at liberty to proceed in accordance with law. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Anu