MOTION EDUCATION PRIVATE LIMITED v. STATE OF CHHATTISGARH
WPC/1065/2022 · 2025-03-26
Shri Amitendra Kishore Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9695 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9695 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:14478 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1065 of 2022 1 - Motion Education Private Limited Through Authorized Representative, Arun Upadhyay, Aged About 50 Years, S/o Ramraj Upadhyay, R/o- Peeple 4, Housing Board Colony, Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, Trible Caste And Schedule Caste Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - Commissioner, Durg Division, Durg, District- Durg, Chhattisgarh, District : Durg, Chhattisgarh 3 - Commissioner, Trible Caste And Schedule Caste Development Department, Indrawati Bhawan, New Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 4 - Collector, Office Of Tribal Department Branch Durg, District- Durg, Chhattisgarh, District : Durg, Chhattisgarh
... Respondent(s) (Cause-title taken from the Case Information System) For Petitioner(s) : Ms. Fouzia Mirza, Sr. Advocate assisted by Mr. Suraj Jaiswal, Advocate For Respondents : Mr. Satish Gupta, Government Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 26.03.2025
1. Petitioner has filed this writ petition seeking following reliefs :-
“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record concerning the case of the petitioner from the respondent authorities for its kind perusal. 2 10.2 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to make payment of Rs. 1,50,000/- in lieu of agreement dated 04.09.2018 and for agreement dated 21.08.2019 Rs. 29,14,400/- to the petitioner with interest on the legally admissible dues payable to the petitioner. (iii) Any other relief or relief(s) which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.”
2. Facts of the, in a nutshell, are that the petitioner is running a school in the name and style of Prayas Awasiya Vidyalaya Durg, which is a branch of Motion Education Pvt. Ltd. Kota (Rajasthan). An agreement was executed between the petitioner and respondent under the Mukhyamantri Bal Bhavishya Suraksha Yojna on 04.09.2018 and 22.08.2019 for providing education to the needy students.
The petitioner has provided his services of educating the students in compliance of the abovementioned agreement, but the respondent authorities are not paying the balance amount due on the part of the respondent authorities for the services rendered by the petitioner's Firm Prayas Awasiya Vidyalaya Durg (C.G.) in compliance of the agreement mentioned above, without giving any just and reasonable ground for non-payment of the due amount. 3. Learned Senior Advocate for the petitioner submits as per the agreement dated 04.09.2018 and 22.08.2019 executed with the Collector, Durg, the petitioner institution provided coaching to the needy students as directed by the Collector. Despite this, the petitioner is yet to receive payment for the services rendered. The present petition has been filed with a limited prayer, seeking direction for payment of the legally admissible and undisputed amount due to the
3 petitioner. 4. On the other hand learned State counsel submits that a dispute exists regarding a certain amount, which has prevented its payment to the petitioner. 5. Considering facts and circumstances of the case, respondent No. 4 / Collector, Durg is directed to release the undisputed amount to the petitioner within a period four weeks. Along with the payment, the Collector must provide a detailed explanation for the amount that is being withheld enabling the petitioner to seek redressal from the relevant authority or Court if necessary. 6. With this observation and direction, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shayna Digitally signed by SHAYNA KADRI