M/S R. B. Construction v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 22 of 2019 • M/s R. B. Construction Through Power Of Attorney Holder Shri Deepak Singhal, S/o Shri Ganesh Prasad Singhal, Aged About 37 Years, R/o Village Nayla, Tahsil Janjgir, District - Janjgir-Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Public Works Department, OfÏce At Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur Chhattisgarh

2. Engineer In Chief, Public Works Department, Raipur, District - Raipur Chhattisgarh

3. Superintending Engineer Public Works Department, Bilaspur Zone, Bilaspur Chhattisgarh

4. Sub Divisional OfÏcer Public Works Department, Sub Division Janjgir, District Janjgir-Champa, Chhattisgarh

5. Executive Engineer, Public Works Department, Champa, Division Champa District Janjgir-Champa, Chhattisgarh ---- Respondent WPC No. 53 of 2019 • M/s R.B Construction Through Power Of Attorney Holder Shri Deepak Singhal, S/o Shri Ganesh Prasad Singhal, Aged About 37 Years, R/o Village Nayla, Tahsil Janjgir, District Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Public Works Department, OfÏce At Mantralaya, Mahanandi Bhawan, Naya Raipur District Raipur Chhattisgarh

2. Engineer In Chief, Public Works Department, Raipur District Raipur Chhattisgarh

3. Superintending Engineer Public Work Department Bilaspur Zone, Bilaspur Chhattisgarh

4. Sub Divisional OfÏcer Public Works Department, Sub Division Janjgir District Janjgir Champa Chhattisgarh

5. Executive Engineer Public Works Department, Champa, Division Champa District Janjgir Champa Chhattisgarh ---- Respondent For Petitioners Mr. Praveen Dhurandhar, Advocate For Respondent /State Mr. Rajesh R. Singh, Dy. GA Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 1/3/2019

1. Heard.

2. Learned counsel for the petitioner would submit that despite completion of the work awarded to the petitioner, which is proved by issuance of Work Completion Certificate -Annexure P/3 in the petitioner's favour, the respondents are not releasing the amount without there being any dispute between the parties.

3. Considering the entire facts situation of the case and the order passed by the Division Bench of this Court in WA No.38/2015 (Om Sai Traders and Tent House Vs. State of Chhattisgarh and others), decided on 19.2.2015, I deem it appropriate to dispose of the present petitions with direction that in the event the petitioner moves a representation before respondent No.5 within a period of 4 weeks from today for releasing the subject payment along with certified copy of this order, the concerned

authority shall consider and decide the petitioner's representation, at the earliest, by a speaking order within a period of 2 months from the date of submission of representation.

4. It is ordered accordingly.

Sd/- (Prashant Kumar Mishra) Judge Shyna