Disposed

Philip Kumar Satranj v. State of Chhattisgarh

Chhattisgarh HC23 Sept 2024WPC/4770/2024

Case brief

AI extract

What is this about?

Writ petition filed by a Sarpanch seeking release of undisputed balance funds for completed construction work. Court observed premature institution and disposed of the petition by directing the Collector to decide on the disbursement of balance amounts expeditiously.

What did the court decide?

Direction to respondent No.3/Clllector to decide on disbursement of balance DMF amount towards work done within three months.

Philip Kumar Satranj Vs State of… — Public Procurement and Tenders | Chhattisgarh HC (2024)

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2024:CGHC:37672

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 4770 of 2024

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1 - Philip Kumar Satranj S/o Chandram Satranj, Aged About 41 Years Sarpanch Gram Panchayat Bade Rabeli, R/o Village-Bade Rabeli, Tehsil Malkharoda, District- Sakti, Chhattisgarh.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Secretary, Panchayat Department, Mahanadi Bhawan, Mantralaya, New Raipur, DistrictRaipur (C.G.)

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2 - State Of Chhattisgarh, Through Secretary, Mineral Resoures Department Indravati Bhavan, Block-4, Second Floor, Naya Raipur, Chhattisgarh.

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3 - Collector, District Mineral Foundation Trust, Tehsil And District- Sakti (C.G.)

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4 - Janpad Panchayat Malkharoda, Through Its Chief Executive Officer, District-Sakti (C.G.)

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... Respondents

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For Petitioner : Mr. P. Acharya, Advocate For Respondents : Mr. Vedant Shadangi, P.L.

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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24.09.2024

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The petitioner has filed this writ petition seeking for the following relief(s); “10.1) That the Hon'ble Court may kindly be pleased to call for the records of the case of the petitioner.

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(10.2) That this Hon'ble Court may kindly be pleased to issue appropriate Writ of mandamus directing the respondent no 3 to pay/release the undisputed funds for the work completed by the petitioner, along with appropriate interest from the date amount accrued in favour of the petitioner and decide the

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representation preferred by the petitioner on 26/7/2024 within a period of 30 days (Annexure P/1).

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(10.3) Any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.”

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Learned counsel for the petitioner submits that the present petitioner is Sarpanch Gram Panchayat Gram Panchayat Bade Rabeli village Bade Rabeli Tehsil Malkharoda, District- Sakti (C.G) and has working with utmost sincerity in the said area. He submits work order was issued by the respondent No. 4 on 28/07/2023 in reference of the letter dated 12/07/2023 issued by the authorities of the respondent No. 3 construction work for fencing of Gothan Land situated in Gram Panchayat Rabeli under the government scheme of the DMF (District Mineral Foundation Trust), whereby the said work has to be completed within a period of 90 days. The said development work was to be monitored under the authority of the present petitioner with the prior assurance that the payments shall be done immediately after the completion of the work. He further submits that the amount of the said work was sanctioned by the respondent No. 3 and 4 was Rupees 9 lakhs. The said work was started from 12/07/2023 and has to be completed within a period of 90 days. He further submits that the advance amount of rupees 3,60,000/-(Three Lakhs Sixty Thoushand Rupees Only was deposited in the account of Gram Panchayat Bade Rabeli on 31/07/2023. He submits that the said work was completed within time frame and work completion certificate issued by the respondent authorities. Thereafter vide letter dated 21/12/2023 the respondent No. 4 wrote a letter to respondent No. 3 that the said work is completed within time frame and as their expectation and therefore the balance amount of rupees 5,40,000/(Five Lakhs Fourty Thoushand Rupees Only) the said work under the DMF scheme may kindly be released in favor petitioners Gram Panchayat Bade Rabeli. He further submits that after span of more than six months the said amount has not been released by the respondent No. 3. He submits that aggrieved by the action on the part of the respondent authorities, the present petitioner made representation before respondent No. 3 on 26/07/2024 but in the most callous manner, no reply has been given by the respondent No. 3 authorities to release the balance of the amount of rs 5,40,000/- of the said construction work for fencing of Gothan Land as per the letter dated

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21/12/2023 thereafter petitioner as sarpanch of the Gram Panchyat Bade Rabeli Call meeting on 05/07/2024 and pass a resolution to approach before this Hon'ble Court under the jurisdiction of Article 226 Constitution of India. He submits that identical issue came up for consideration before this Court in WPS No. 4485/2024 and this Court permitted the petitioner to make a representation to respondent No. 3 and directed that the same may be decided in accordance with law.

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On the other hand, learned State counsel does not dispute the fact.

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I have heard learned counsel for parties and perused the documents available on record.

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In view of the above submission made by learned counsel for parties, nature of grievance raised, in particular submission of learned counsel for petitioner seeking a direction to respondent No.3 and 4 to take decision on the claim of petitioner of release of balance amount towards the levelling work completed by petitioner, instead of keeping this petition pending seeking reply from the State I find it appropriate to dispose of this petition at this stage directing respondent No.3/Collector to take decision with respect to disbursement of balance amount of DMF towards work of levelling done by petitioner as mentioned in the letter forwarded by respondent No.4 to respondent No.3 expeditiously, preferably within a period of three months from the date of receipt of order after due verification of facts.

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It is ordered accordingly.

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Sd/-

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(Sachin Singh Rajput)

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Judge

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H.Ansari

Philip Kumar Satranj v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Philip Kumar Satranj v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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