1 2026:CGHC:2157-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P(C) No.6256 of 2025 M/s. Ajay Agencies Through Its Proprietor Sanjay Agrawal, S/o Late Shri Kapoor Chandra Agrawal Aged About 53 Years, R/o Main Road, Janjgir, Ward No.15, District Janjgir- Champa (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Public Health And Engineering Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Superintendent Engineer Public Health And Engineering Department, Bilaspur Division, District Bilaspur (C.G.) 3 - Collector Janjgir, District Janjgir-Champa (C.G.) 4 - Executive Engineer, Public Health And Engineering Division, Janjgir, District Janjgir-Champa (C.G.) 5 - Collector Sakti, District Sakti (C.G.) SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.01.15 11:20:56 +0530 2 6 - Executive Engineer Public Health And Engineering Division, Champa, District Janjgir-Champa (C.G.) ... Respondents For Petitioner : Mr. Sushobhit Singh, Advocate. For Respondents : Mr. Shashank Thakur, Additional Advocate General. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha , Chief Justice 14.01.2026 1. Heard Mr. Sushobhit Singh, learned counsel for the Petitioner. Also heard Mr. Shashank Thakur, learned Additional Advocate General appearing for the Respondents/State. 2. By way of this Petition, the Petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction directing the respondent authorities to release the undisputed outstanding amount of Rs.7,56,848/- as mentioned in the completion report dated 10-05-2021 with interest @ 9% p.a. from 10-05-2021 till the date of actual payment to the petitioner. 10.2 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioners, which this Hon'ble Court deems fit in the circumstances of the case.” 3 3. The Petitioner has preferred this Petition being aggrieved by the negligence on the part of the Respondents/State authorities as they have failed to perform their statutory duties by not releasing the undisputed amount for the works which have been executed by the Petitioner/Contractor. 4. The Petitioner-Firm was engaged in the work of Water Distribution System including replacement, repair and installation of pipeline under the Nal Jal Yozna floated by the Respondents/State authorities. The Petitioner was issued work order vide order dated 28.01.2021 for the aforesaid works, the total value of which is Rs.7.665 lacs and the time limit to complete the same was three months as mentioned thereunder (Annexure P-1). The Petitioner-Firm initiated the work as per the work order and completed the same well within the stipulated period as per the quality specification norms prescribed by the Respondent/State authorities. Subsequently, the Petitioner-Firm has submitted its final bill amounting to Rs.7,56,848/- and received a completion certificate to this effect on 10.05.2021 (Annexure P-2). Thereafter, the Petitioner-Firm has requested the Respondent authorities to release the undisputed pending bills, however, the same stood pending till date. An inter departmental communication was also issued wherein, it was informed that payment to the Petitioner is pending on account of non-allotment of funds from the higher authorities (Annexure P-4). The Petitioner is suffering serious mental illness and loss due to the inaction on the part of the Respondent-authorities by not releasing the requisite outstanding undisputed bills. Hence, this Petition. 4 5. Learned counsel for the Petitioner submits that the action on the part of the Respondent-authorities is illegal and arbitrary and they have failed to perform their mandatory and statutory duties by not releasing the undisputed amount, which is due to the Petitioner. He further submits that the work executed by the Petitioner was inspected by the Respondent authorities by conducting a site inspection and the same was found to be in accordance with the prescribed quality control norms, whereafter a completion certificate was duly issued in favour of the Petitioner. He further submits that in the matters of Goverdhan Banjare vs. State of Chhattisgarh; W.P.(C) No.1135/2023 and M/s. Surya Constructionn vs. State of UP, dated 08.05.2019, directions were issued to the State instrumentalities to release the undisputed amounts with an interest of 6% p.a. from the date when it was due till the date of actual payment was directed to be paid. He, therefore, submits that this Petition may be allowed. 6. On the other hand, learned State Counsel opposes the submissions made by the learned Counsel for the Petitioner and submits that the Petition as framed and filed is not maintainable as the disputed question of facts cannot be adjudicated in a Writ Petition under Article 226 of the Constitution of India. 7. We have learned Counsel for the parties, perused the impugned order as also the other documents appended with Writ Petition. 8. It is settled law that the High Court should not exercise its jurisdiction under Article 226 of the Constitution of India when it raises 5 disputed question of facts. 9. The Hon'ble Supreme Court in the case of Chairman, Grid Corpornation of Orissa Ltd. (GRIDCO) and others v. Sukamani Das (Smt.) and another, (1999) 7 SCC 298 was dealing with the question of whether the High Court had made an error in entertaining a Writ Petition filed seeking compensation for the death of a person due to electrocution, which had allegedly been caused due to the negligence of the authorities. The Supreme Court in the said case observed as under:- "6. In our opinion, the High Court committed an error in entertaining the writ petitions even though they were not fit cases for exercising power under Article 226 of the Constitution. The High Court went wrong in proceeding on the basis that as the deaths had taken place because of electrocution as a result of the deceased coming into contact with snapped live wires of the electric transmission lines of the appellants, that "admittedly/prima facie amounted to negligence on the part of the appellants". The High Court failed to appreciate that all these cases were actions in tort and negligence was required to be established firstly by the claimants. The mere fact that the wire of the electric transmission line belonging to Appellant 1 had snapped and the deceased had come in contact with it and had died was not by itself sufficient for awarding compensation. It also required to be examined whether the wire had snapped as a result of any negligence of the 6 appellants and under which circumstances the deceased had come in contact with the wire. In view of the specific defences raised by the appellants in each of these cases they deserved an opportunity to prove that proper care and precautions were taken in maintaining the transmission lines and yet the wires had snapped because of circumstances beyond their control or unauthorised intervention of third parties or that the deceased had not died in the manner stated by the petitioners. These questions could not have been decided properly on the basis of affidavits only. It is the settled legal position that where disputed questions of facts are involved a petition under Article 226 of the Constitution is not a proper remedy. The High Court has not and could not have held that the disputes in these cases were raised for the sake of raising them and that there was no substance therein. The High Court should have directed the writ petitioners to approach the civil court as it was done in OJC No. 5229 of 1995." (emphasis supplied) 10. The aforesaid judgment has been relied/reiterated by the Supreme Court in S.P.S. Rathore v. State of Haryana and others, (2005) 10 SCC 1 wherein it observed as follows:- "16. In Chairman, Grid Corpn. of Orissa Ltd. (Gridco) v. Sukamani Das [(1999) 7 SCC 298] the question which arose for consideration was, can the High Court under Article 226 of the Constitution award compensation for death caused due to electrocution on account of negligence, when the 7 liability was emphatically denied on the ground that the death had not occurred as a result of negligence, but because of an act of God or of acts of some other persons. The Court held that it is the settled legal position that where disputed questions of facts are involved, a petition under Article 226 of the Constitution is not a proper remedy. Therefore, questions as to whether death occurred due to negligence or due to act of God or of some third person could not be decided properly on the basis of affidavits only, but should be decided by the civil court after appreciating the evidence adduced by the parties. In T.N. Electricity Board v. Sumathi [(2000) 4 SCC 543] it was held that when a disputed question of fact arises and there is clear denial of any tortious liability, remedy under Article 226 of the Constitution may not be proper. The Court carved out exception to this general rule by observing that, it should not be understood that in every case of tortious liability, recourse must be had to a suit. When there is negligence on the face of it and infringement of Article 21 is there, it cannot be said that there will be any bar to proceed under Article 226 of the Constitution." (emphasis supplied) 11. Similarly, the Hon'ble Supreme Court in Shubhas Jain v. Rajeshwari Shivam, 2021 SCC OnLine SC 562 has held as under:- "26. It is well settled that the High Court exercising its extraordinary writ jurisdiction under Article 226 of the Constitution of India, does not adjudicate hotly disputed questions of facts. It is not for the 8 High Court to make a comparative assessment of conflicting technical reports and decide which one is acceptable." 12. Subsequently, in Union of India Vs. Puna Hinda, (2021) 10 SCC 690, the Hon'ble Supreme Court has observed:- "24. Therefore, the dispute could not be raised by way of a writ petition on the disputed questions of fact. Though, the jurisdiction of the High Court is wide but in respect of pure contractual matters in the field of private law, having no statutory flavour, are better adjudicated upon by the forum agreed to by the parties. The dispute as to whether the amount is payable or not and/or how much amount is payable are disputed questions of facts. There is no admission on the part of the appellants to infer that the amount stands crystallised. Therefore, in the absence of any acceptance of joint survey report by the competent authority, no right would accrue to the writ petitioner only because measurements cannot be undertaken after passage of time. Maybe, the resurvey cannot take place but the measurement books of the work executed from time to time would form a reasonable basis for assessing the amount due and payable to the writ petitioner, but such process could be undertaken only by the agreed forum i.e. arbitration and not by the writ court as it does not have the expertise in respect of measurements or construction of roads." 13. Recently, the Hon'ble Supreme Court in the case of M.P. Power Management Co. Ltd. v. Sky Power Southeast Solar India (P) Ltd., 9 (2023) 2 SCC 703, while dealing with the issue of exercise of writ jurisdiction by a Court in matters arising out of a contract, has stated as under:- "82.7. The existence of an alternate remedy, is, undoubtedly, a matter to be borne in mind in declining relief in a writ petition in a contractual matter. Again, the question as to whether the writ petitioner must be told off the gates, would depend upon the nature of the claim and relief sought by the petitioner, the questions, which would have to be decided, and, most importantly, whether there are disputed questions of fact, resolution of which is necessary, as an indispensable prelude to the grant of the relief sought. Undoubtedly, while there is no prohibition, in the writ court even deciding disputed questions of fact, particularly when the dispute surrounds demystifying of documents only, the Court may relegate the party to the remedy by way of a civil suit." (emphasis supplied) 14. A reading of the aforesaid judgments makes it clear that it is a well-settled proposition of law that where disputed questions of fact are involved in a case, the High Court should ordinarily refrain from exercising its jurisdiction under Article 226 of the Constitution of India. It has consistently been held that in such circumstances, the remedy under Article 226 of the Constitution of India may not be appropriate. 15. From perusal of the pleadings, it appears that the Petitioner has prayed for issuance of direction to the Respondents to release the 10 undisputed outstanding amount of Rs.7,56,848 /- as mentioned in the completion report dated 10.05.2021 with interest @ 9% p.a from 10.05.2021 till the date of actual payment. 16. In the instant case, the relief sought by the Petitioner is contingent upon the resolution of the disputed question of facts raised and these questions cannot be adjudicated under Article 226 of the Constitution of India. In view of the aforesaid, it would not be appropriate for this Court to entertain the instant Writ Petition as there are disputed questions of fact involved. 17. Considering the submissions advanced by learned Counsel for the parties, further considering the disputed questions of facts involved in this Writ Petition, the relief sought by the Petitioner and in view of law laid down by the Supreme Court in the above-stated judgments, we do not find any good ground to entertain this Writ Petition. 18. Accordingly, the Writ Petition being devoid of merit is liable to be and is hereby dismissed. However, liberty is reserved in favour of the Petitioner to take recourse to other alternate remedies available to him under the law. No cost(s). Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Priya