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2026 DAILYLAW 14402 (CHH)

MAA BHAWANI ENTERPRISES v. THE STATE OF CHHATTISGARH

WPC/1286/2026 · 2026-03-24

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:14198 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1286 of 2026 Maa Bhawani Enterprises Through The Proprietor Surendranath Barik, S/o Jagbandhu Barik, Aged About 58 Years, R/o Opposite I.T.I. Koni, Distt. Bilaspur, Chhattisgarh. ... Petitioner. Versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare And Medical Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh. 2 - The Commissioner Bilaspur Division, Bilaspur, Chairman Of The Managing Committee, Chhattisgarh Institute Of Medical Sciences (CIMS), Bilaspur, Tahsil And Distt. Bilaspur, Chhattisgarh. 3 - The Dean Chhattisgarh Institute Of Medical Sciences(CIMS) Cum Secretary Of The Managing Committee, Chhattisgarh Institute Of Medical Sciences (CIMS), Bilaspur, Tahsil And Distt. Bilaspur, Chhattisgarh. 4 - The Joint Director And Medical Superintendent Chhattisgarh Institute Of Medical Sciences (CIMS), Bilaspur, Tahsil And Distt. Bilaspur, Chhattisgarh. ... Respondents. For Petitioner : Mr. Siddharth Pandey, Advocate. For Respondents /State : Mr. Shreyansh Mehta, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 25/03/2026 Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.03.25 17:16:58 +0530 2 1. This Writ Petition under Article 226 of the Constitution of India has been filed for the followings reliefs:- "10.1 The Hon'ble Court may graciously be pleased to issue a writ/order/direction in the nature of mandamus, thereby directing the respondent authorities, particularly Respondents No. 3 & 4, to decide the pending representations (Annexure P/2) moved by the petitioner; 10.2 The Hon'ble Court may graciously be pleased to issue a writ/order/direction in the nature of mandamus thereby directing the respondent authorities, particularly Respondent No. 3, to release and disburse the payment to the tune of Rs. 18,97,039/- (Rupees Eighteen Lakhs Ninety-Seven Thousand and Thirty-Nine only) along with interest, arising out of supplies made under the DKBSSY/PMJAY Ayushman Bharat) Scheme, in the interest of justice. 10.2 (10.3) Any other relief which this Hon'ble Court deems fit and proper be awarded in favor of the petitioner, including the cost of the petition." 2. Learned counsel for the petitioner submits that in pursuance of the work order issued by respondent No. 4, the petitioner has supplied all requisite materials strictly in accordance with the terms stipulated by the respondents/Authorities, and the same have been utilized by the respondent- Institution without objection. However, when the petitioner submitted the corresponding bill for payment, it was not considered and payment has not been released till date. The petitioner has also filed several representations, including a representation (Annexure-P/2) dated 29.05.2024 and a reminder dated 07.01.2025, but the same have not been considered by respondents No.3 and 4. Counsel submits that, at this stage, this petition may be disposed of directing respondent No. 4 to decide his representation within a stipulated 3 period. Counsel also submits that respondents No. 2 and 3 are the Authority of the concerned Managing Committee and they are also competent Authorities to redress the grievance of the petitioner, therefore, a direction may also be issued to them to look into the matter. 3. Learned State counsel would not oppose the limited prayer of the petitioner and submits that representation of the petitioner will be decided in accordance with law. 4. Heard learned counsel for the parties and perused the record. 5. In the present case, it is undisputed that upon the demand of the respondent/Authority, material has been supplied by the petitioner. It is very surprising that if articles/materials were supplied by the petitioner in the year 2023 and the bill for the material was submitted in the year 2024, despite that the payment has not been made to the petitioner till date. This lingering conduct of the respondents/Authorities is not appreciable. However, considering the limited grievance of the petitioner, at this stage, this writ petition is disposed of with a direction to respondents No. 2 to 4, particularly respondent No.4, to decide the pending representation dated 29.05.2024 (Annexure-P/2) and reminder dated 07.01.2025 expeditiously, preferably within a period of 30 days from the date of receipt/submission of copy of this order. 6. With the aforesaid direction, this petition stands disposed of. 7. Pending application(s) if any also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ajay