1 2026:CGHC:5416-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3035 of 2025 1 - M/s Sarda Energy and Minerals Ltd., Through its Authorized Signatory- Mr. Ramakrishna Rao Thota S/o Satyanarayana Rao Thota, Aged About 58 Years, Having its Registered Office At 73- A, Central Avenue, Nagpur (Maharashtra) and interalia an Office At 3rd Floor, Vanijya Bhawan, Devendra Nagar Road, Sai Nagar, Raipur (C.G.) (Earlier- S.K.S. Power Generation (Chhattisgarh) Ltd. is a Company incorporated in terms of the Companies Act, 1956, having its Registered Office at 201 and 207 Centre Point, J.B. Nagar, Andheri Kurla Road, Andheri (East), Mumbai- 400059) ... Petitioner versus 1 - Union of India Through the Secretary, Ministry of Railways, Rail Bhawan, 256- A, Raisina Road, Rajpath Area, Central Secretariat, New Delhi, Delhi 110001 2 - South East Central Railway Through The General Manager, New Zonal Building, Bilaspur (C.G.) Pin- 495004. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Kishore Bhaduri, Senior Advocate with Mr. Sabyasachi Bhaduri and Mr. Harsh Dave, Advocates. For Respondent No.1 : Mr. R.K. Mishra, Deputy S.G. and Ms. Shweta Rai, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 31 -01-2026 Digitally signed by MOHAMMED AADIL KHAN Date: 2026.02.03 16:25:03 +0530 2 1. Heard Mr. Kishore Bhaduri, learned Senior Counsel with Mr. Sabyasachi Bhaduri and Mr. Harsh Dave, learned counsel for the petitioner. Also heard Mr. R.K. Mishra, Deputy S.G. and Ms. Shweta Rai, learned counsel for respondent No.1/Union of India. 2. The present petition has been filed by the petitioner with the following prayer:- “In the fact and circumstances as narrated above, the Petitioner herein most respectfully prays that this Hon'ble Court may graciously be pleased to: a) Issue an appropriate direction/order/ writ declaring that the responsibility to construct the ROB at Level Crossing No. 303, located between railway stations viz. Robertson and Bhupdeopur(Chhattisgarh), for which sanction has been accorded in terms of South Eastern Central Railway, Works Programme, 2019-20 does not fall upon the petitioner and the respondent has coercively compelled the petitioner to construct the said ROB and subsequently in complete violation to the principles of natural justice has arbitrarily invoked the Bank Guarantee on 10.05.2022 bearing number 0853619BG0000123 dated 09.09.2019 which was subsequently encashed on 19.05.2022. b) Issue an appropriate direction/order/ writ in the 3 nature of mandamus or any other appropriate writ directing the Respondent to return to the petitioner the amount of Rs.40,07,88,000/- (Forty Crore Seven Lakhs and Eighty-Eight Thousand only) along with 12% interest from the date of encashment 19.05.2022 till date of realization, illegally appropriated by the Respondent by invoking the Bank Guarantee bearing number 0853619BG0000123 dated 09.09.2019 c) Pass any other further order(s) as this Hon'ble Court may deem fit in the facts and circumstances of the present case.” 3. Learned counsel for the petitioner, at the very outset, has submitted that this petition may be dismissed as withdrawn with liberty to the petitioner to approach appropriate forum for redressal his grievance. 4. Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil