M/S PRAYTNA BHU-VISTHAPIT KAAMGAR AVAM KARIGAR SEHKARI SAMITI v. CHHATTISGARH STATE POWER GENERATION COMPANY LIMITED (CSPGCL)
WPC/982/2025 · 2025-02-19
Shri Bibhu Datta Guru
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 9511 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9511 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:8552
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 982 of 2025 1 - M/s Praytna Bhu-Visthapit Kaamgar Avam Karigar Sehkari Samiti Through Its President- Chandrabhavan Singh Kanwar S/o Chamra Singh Having Its Registered Office At Village- Madwamauha, Block- Katghora, District- Korba, Chhattisgarh.
... Petitioner versus 1 - Chhattisgarh State Power Generation Company Limited (CSPGCL) Through Its Chief Engineer (Civil), Raipur, Chhattisgarh 2 - The Chief Engineer (Gen.) HTPS, Chhattisgarh State Power Generation Company Limited (CSPGCL), Korba (West), Chhattisgarh District- Bilaspur (C.G.) 3 - The Additional Chief Engineer (Civil), HTPS CSPGCL, Korba (West), Chhattisgarh. 4 - The Superintending Engineer, HTPS CSPGCL, Korba (West), Chhattisgarh 5 - The Executive Engineer (Civil) Dn-II, HTPS CSPGCL, Korba (West), Chhattisgarh
2 / 3 6 - The Assistant Engineer (Civil) HTPS CSPGCL, Korba (West), Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Shayon Kar, Advocate For Respondents/ CSPGCL : Mr. K. Rohan, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 19/02/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to return back the security deposit and earnest money amounting to Rs.15,57,601/- which was deposited by the petitioner subject to annual award of contract for collection of Cenosphere from the respondents/ CSPGCL.
2.
Learned counsel appearing for the petitioner submits that the petitioner was awarded a contract for collection of Cenosphere from the respondents/ CSPGCL’s ash dyke but the petitioner could not commence the work due to local resistance/threat, the respondents’ failure to resolve the issue or provide a conducive working environment. He further submits the petitioner submitted a representation dated 21/06/2021 (Annexure P/5) before the respondent No.5/ Executive Engineer, CSPGCL with a request to settle the dispute by applying the prescribed procedure force majeure under Clause 8 of the work order dated 28/12/2020 but till date, the respondents have not taken any decision on the representation submitted by the petitioner.
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3.
Learned counsel appearing for the respondents/ CSPGCL, on instruction, submits that if the representation submitted by the petitioner is still pending before the Executive Engineer, the same shall be considered in accordance with law and the conditions enumerated in the work order, within the stipulated period.
4. I have heard learned counsel for the parties and perused the documents as well as the representation dated 21/06/2021 (Annexure P/5) submitted by the petitioner.
5. From perusal of the pleadings, it appears that the petitioner has has already approached the authority by availing the force majeure as well as submitted a representation on 21/06/2021, however the respondents have not considered the same and no decision has been taken till date.
6. In view of the above, the respondent No.5/ Executive Engineer (Civil), CSPGCL is directed to consider and decide the representation dated 21/06/2021 (Annexure P/5) within a period of 50 days from the date of receipt of a copy of this order, in accordance with law and the terms and conditions enumerated in the work order dated 28/12/2020.
7. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar