High Court Of ChhattisgarhWPC/273/2019disposed off

Golchha Stationery And Sports v. State Of Chhattisgarh

2019-02-19Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 273 of 2019 • Golchha Stationery And Sports Through Proprietor Dhiraj Golchha, S/o Shri Prithviraj Golchha, Aged About 45 Years. R/o Mahur Bund Para, Kanker, District Kanker, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur, Chhattisgarh

2. Collector District - Kanker Chhattisgarh

3. Chief Executive OfÏcer Zila Panchayat Kanker, District - Kanker Chhattisgarh

4. Chief Executive OfÏcer Janpad Panchayat Antagarh, District - Kanker Chhattisgarh

5. Chief Executive OfÏcer Janpad Panchayat Bhanupratappur, District - Kanker Chhattisgarh

6. Chief Executive OfÏcer Janpad Panchayat Charama, District - Kanker Chhattisgarh

7. Chief Executive OfÏcer Janpad Panchayat Durgukondal, District - Kanker Chhattisgarh

8. Chief Executive OfÏcer Janpad Panchayat Kanker, District - Kanker Chhattisgarh

9. Chief Executive OfÏcer Janpad Panchayat Koilibeda, District - Kanker Chhattisgarh 10.Chief Executive OfÏcer Janpad Panchayat Narharpur, District - Kanker Chhattisgarh ---- Respondent For Petitioner Mr. Shailesh Ajhuja, Advocate For Respondent/State Mr. Rahul Jha, Government Advocate

Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 19/2/2019

1. Heard.

2. The petitioner is claiming payment of the undisputed amount for the services rendered or supplies made to the concerned Zila Panchayat/Janpad Panchayats (respondents 3 to 10).

3. If the petitioner has actually supplied the order or provided services to the said Zila Panchayat/Janpad Panchayats and the amount due to him is not disputed, the authorities should consider the petitioner's representation in view of the observations made 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 and Single Bench of this Court WPC No.1393 of 2015 (Om Sai Traders and Tent House Vs. State of Chhattisgarh and others) decided on 10.8.2015.

4. Considering the entire facts situation of the case, the writ petition is disposed of with direction that in the event, the petitioner moves a representation before the concerned Zila Panchayat or Janpad Panchayats within a period of one month from today claiming payment of admitted or undisputed amount, the concerned Zila Panchayat or Janpad Panchayats shall consider and decide the representation in accordance with

law within a period of next 3 months.

5. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law without treating any observation made in this order as opinion on the merits of the case.

Sd/- (Prashant Kumar Mishra) Judge Shyna