M/S Subhash Kumar Agrawal Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

M/S Subhash Kumar Agrawal Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of: petitioner granted liberty to make a fresh representation before the respondent authorities within seven days; concerned authorities directed to consider and decide the representation objectively, preferably within the stipulated period indicated in the order (rendered as 'sixy days' in the supplied text, evidently sixty days) from receipt of the copy of the order.

Issue for consideration

Whether the petitioner is entitled to payment of the undisputed amount due for construction of the road from Baradwar to Nagarda, the final bill having been raised but the disputed amount remaining unpaid.

Court's answer

The writ petition was disposed of with directions rather than being adjudicated to conclusion.

Ratio / Principle

The Court acted in view of the petitioner's limited grievance that the undisputed amount payable for the executed road-construction work had not been paid.

Key takeaways

Liberty was reserved to the petitioner to make a fresh representation before the respondent authorities within a period of seven days.ratio¶20
The concerned authorities were directed to consider and decide the petitioner's representation in an objective manner, preferably within the stipulated period from receipt of the copy of the order (day-count phrase in the source text is OCR-corrupted and therefore not quoted).ratio¶20

Detailed headnote1 paragraphs

HIGH COURT OF CHHATTISGARH, BILASPUR - WP(C) No. 400 of 2024, decided 04.04.2024 by Hon'ble Shri Justice Rakesh Mohan Pandey. Petitioner (M/s Subhash Kumar Agrawal, through Special Power of Attorney holder Dhruv Kumar Agrawal) had completed construction of the road from Baradwar to Nagarda in 2019 and raised the final bill, but the disputed/undisputed amount remained unpaid before the State PWD authorities (Secretary PWD, Collector and engineers, Janjgir-Champa/Champa). Without adjudicating entitlement to payment, the Court disposed of the petition, reserving liberty to the petitioner to make a fresh representation before the respondent authorities within seven days, and directed the concerned authorities to consider and decide the representation in an objective manner, preferably within the stipulated period (shown in the text as 'sixy days', evidently sixty days) from receipt of the copy of the order. No statutory provision or precedent was cited; no monetary quantum was fixed or awarded.

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR WP(C) No. 400 of 2024

M/s Subhash Kumar Agrawal through Special Power of Attorney holder Dhruv Kumar Agrawal, S/o Mahavir Prasad Agrawal, aged around 52 years, R/o Baradwar, Tehsil- Baradwar, District- Sakti (C.G.)

---- Petitioner

Versus

State of C.G. through Secretary PWD, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.)

Through Collector, District Janjgir-Champa (C.G.)

Executive Engineer (PWD), Champa, Division Champa, District JanjgirChampa (C.G.)

Sub Divisional Officer (PWD) Champa, Division Champa (C.G.)

---- Respondents

For Petitioner : Mr. Prashant Dansena, Advocate For Respondents/State : Mr. Dilman Rati Minj, Govt. Advocate

Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board

04.04.2024

Learned counsel for the petitioner would submit that the petitioner has completed the construction of the road from Baradwar to Nagarda in the year 2019. He would further submit that though the final bill was raised before the authority concerned, till date, the disputed amount has not been paid.

On the other hand, learned counsel for the State would submit that after due verification, an appropriate decision shall be taken by the authority.

Heard learned counsel appearing for the parties and perused the documents placed on the record.

Taking into consideration the limited grievance of the petitioner that

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undisputed amount has not been paid pursuant to the construction of the road, this petition, at this juncture, is disposed of with the liberty reserved in favour of the petitioner to make a fresh representation before the respondent authorities within a period of seven days and in turn, the concerned authorities are directed to consider and decide the representation of the petitioner in an objective manner preferably within a period of sixty days from the date of receipt of a copy of this order.

With the aforesaid direction(s), this petition stands disposed of .

Sd/-

(Rakesh Mohan Pandey) Judge

vatti