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2026 DAILYLAW 27805 (CHH)

M/S MILESTONE SOFT. TECH. PRIVATE LIMITED v. STATE OF CHHATTISGARH

WPC/1093/2023 · 2026-07-15

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010071912023 2026:CGHC:30215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1093 of 2023 1 - M/s Milestone Soft. Tech. Private Limited Through Its Manager Mahendra Kumar Vetti S/o Shri Guddi Vetti, Aged About 23 Years, R/o Bandi Para, Percheli Katekalyan, District Dantewada Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Industrial Department At Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2 - The Director, Micro And Small Enterprises Facilitation Council Chhattisgarh Directorate Of Industries Chhattisgarh, Udyog Bhawan Ring Road No. 1, Telibandha Raipur District Raipur Chhattisgarh. 3 - The Collector Gariyaband District Gariyaband Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Avinash K. Mishra, Advocate. For Respondent(s)/State : Mr. Anand Dadariya, Dy. A.G. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 16/07/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “A. May, this Hon'ble Court be pleased to direct the respondent no. 3 to compliance the order passed by the in directorate of Industries Chhattisgarh application No. CG/14/S/CGH/00377 viz. Mile Stone Soft. Teck Pvt. Ltd., Vs. Collector Gariyaband (CG) vide its order dated 01.12.2021 (Annexure P-4) and its subsequent representations dated 20.12.2021, 22.02.2022 and 27.04.20222 (Annexure P-6). B. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case. C. Cost of the petition may also be awarded.” 2. Learned counsel appearing for the petitioner submits that the petitioner is the beneficiary of an order dated 01.12.2021 passed by the MSME Facilitation Council, whereby the respondents were directed to pay a sum of Rs.11,01,603/- to the petitioner within a period of 30 days, together with the applicable statutory interest as determined under the provisions of the Micro, Small and Medium Enterprises Development Act, 2006. It is submitted that despite the lapse of considerable time from the date of the said order, the respondents have failed to comply with the directions 3 contained therein, and the amount awarded in favour of the petitioner has not yet been disbursed. It is further submitted that the petitioner has submitted several representations before the competent authorities, including the Collector, Gariyaband, requesting implementation of the order dated 01.12.2021 and release of the awarded amount. However, no effective decision has been taken on the said representations till date. It is, therefore, prayed that this Court may be pleased to direct the Collector, Gariyaband, to consider and decide the petitioner's pending representations and to pass appropriate orders for ensuring compliance with the order dated 01.12.2021 passed by the MSME Facilitation Council. 3. Per contra, learned counsel appearing for the State submits that if the petitioner's representations are still pending consideration, the competent authority, namely the Collector, Gariyaband, shall examine and decide the same strictly in accordance with law and in the light of the relevant statutory provisions as well as the order passed by the MSME Facilitation Council. 4. Heard learned counsel for the parties and perused the material available on record and upon perusal of the material available on record, this Court finds that the MSME Facilitation Council had already passed an order dated 01.12.2021 directing payment of the awarded amount in favour of the petitioner. Prima facie, there is nothing on record to indicate that the said order has either been stayed, modified, or set aside by any competent forum, nor has 4 any material been placed before this Court to demonstrate any legal impediment in giving effect to the said order. In such circumstances, it would be appropriate to direct the competent authority to examine the petitioner's grievance and take an appropriate decision with regard to the implementation of the aforesaid order and the disbursement of the amount payable to the petitioner. 5. Accordingly, without expressing any opinion on the merits of the claim, the Collector, Gariyaband, is directed to consider and decide the petitioner's pending representation(s), keeping in view the order dated 01.12.2021 passed by the MSME Facilitation Council and all other relevant facts and applicable legal provisions. The aforesaid exercise shall be completed by passing a reasoned and speaking order as expeditiously as possible, preferably within a period of 60 days from the date of receipt of copy of this order. 6. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat