Allowed

The Sarpanch Gram Panchayat v. State of Chhattisgarh

Chhattisgarh HC7 Dec 2023WPC/4938/2023

Case brief

AI extract

What is this about?

Writ petition seeking direction to decide pending representation for release of undisputed work dues. Court disposed of matter directing respondents to decide representation and payment if eligible.

What did the court decide?

Direction to respondents to consider pending representation and payment petition by deciding representation/reminders and releasing undisputed due payment within 3 months.

The Sarpanch Gram Panchayat Vs State… — Contract and Commercial Disputes | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 4938 of 2023

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The Sarpanch Gram Panchayat Jaipur, Janpad Panchayat, Lakhanpur, District : Surguja (Ambikapur), Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Mantralaya, Naya Raipur, Chhattisgarh

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The Engineer- In- Cheif Public Health Engineering Department, Indrawati Bhavan, Atal Nagar,, District : Raipur, Chhattisgarh

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The Joint Director Public Health Engineering Department, Raipur,, District : Raipur, Chhattisgarh

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The Executive Engineer Public Health Engineering DivisionAmbikapur, District : Surguja (Ambikapur), Chhattisgarh

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The Assistant Engineer Public Health Engineer, Division- Ambikapur,, District : Surguja (Ambikapur), Chhattisgarh

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The Collector And Chairman District Water And Health Mission (JJM) Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

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---- Respondents

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For Petitioner :- Mr. Hariom Rai, Advocate For Respondents/State :- Mr. Rahul Jha, G.A. on advance copy

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Hon’ble Shri Justice Naresh Kumar Chandravanshi Order On Board

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07.12.2023

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Heard on admission.

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By way of this petition filed under Article 226 of the Constitution of India, petitioner has sought for the following reliefs:-

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“10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioners. 10.2 That, this Hon’ble Court may kindly be direct the respondent authority to decide the representation dated 02.08.2023 and 06.11.2023 (i.e. Annexure-P/5 and Annexure-P/6), in accordance

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with law with subject to verification of respondent authority and if petitioner found entitled for the amount due than the respondent author may be directed to release the undisputed due payment with in the considerable time of 3 month, in the interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased to pass a similar order as in WPC No.4668/2023 in Dinesh Kumar Vs. State of Chhattisgarh & Others, vide order dated 30.10.2023 (i.e. Annexure-P/7), in the interest of justice.

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10.4 Any other relief/reliefs which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be granted.”

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Learned counsel for the petitioner submits that petitioner was allotted with the running water scheme work (Smarsibbal Pump, Water Distribution System, Drinking Water Platform, etc. In Primary School Jaipur, Anganbadi Center Patelpara, Anganbadi Center Pradhanpara, Anganbadi Center Khaspara situated under the Territory of Gram Panchayat, Jaipur, Lakhanpur) and the same has been completed by him, by way of issuing a work order in favour of one Shailendra Pratap Singh Amalbhati, Lakhanpur, District Sarguja (C.G.). Mr. Shailendra Pratap Singh completed the work on behalf of petitioner/ Gram Panchayat to which respondent No.5 has issued work completion certificate (Annexure P2) and have also forwarded bills submitted by petitioner for payment on 15.3.2022 (Annexure P4). He further submits that despite repeated requests made to the concerned authorities, payment of bill amount has not been made till date. In such a situation, petitioner had made representation (Annexure P5) dated 02.8.2023 and reminder (Annexure P6) dated 06.11.2023 before the respondent No.4, but the same has not been considered and decided by him, therefore, it is prayed that this petition may be disposed of directing respondent No. 3 and 4 to consider and decide

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the representation of petitioner and make payment of bill amount within stipulated period.

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Per contra, learned counsel appearing for the State/respondents would submit that representation (Annexure P5) and reminder (Annexure P6) given by the petitioner is pending consideration before the respondent No.4 and it will be decided as early as possible. He would further submit that he has no objection to allow the limited prayer made by the petitioner.

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Considering the limited prayer made by the petitioner, the same is allowed and this petition is disposed of at this stage, with a direction to the respondents No. 3 & 4 to consider and decide the representation vide Annexure P5 dated 02.08.203 and also the reminder vide Annexure P6 dated 06.11.2023, of the petitioner in accordance with law/rules expeditiously, preferably within a period of 3 months from the date of receipt of the order and if the petitioner is found entitled for the amount due, the undisputed amount be released in favour of the petitioner immediately thereafter.

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With the aforesaid directions, this petition is disposed of at the motion stage itself. No order as to cost(s).

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SD/-

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( Naresh Kumar Chandravanshi ) Judge

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Ayushi

The Sarpanch Gram Panchayat v. State of Chhattisgarh

Case brief

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The Sarpanch Gram Panchayat v. State of Chhattisgarh

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