High Court Of ChhattisgarhWPC/839/2019disposed off

Dinesh Kumar Gupta v. State Of Chhattisgarh

2019-03-11Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 839 of 2019 • Dinesh Kumar Gupta S/o Shri Bhola Prasad Gupta Aged About 47 Years Authorised Representative M/s Durga Rice Mill, R/o Village Petla Guturma, Tehsil - Sitapur, District Surguja Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Food Civil Supplies And Consumer Mantralaya Mahanadi Bhawan, Atal Nagar Raipur District Raipur Chhattisgarh.

2. Collector Surguja District Surguja Chhattisgarh.

3. Chhattisgarh State Co-Oprative Marketing Federation Limited Through Its Managing Director Atal Nagar Raipur District Raipur Chhattisgarh.

4. District Marketing Officer Chhattisgarh State Co- Oprative Marketing Federation Limited District Surguja Chhattisgarh. ---- Respondents For Petitioner :

Shri Sanjay Agrawal, Advocate.

For Respondent/State :

Shri Alok Bakshi, Additional Advocate General.

Order On Board By Hon'ble Justice Shri Prashant Kumar Mishra 11/03/2019

1. Petitioner was awarded transport contract bearing contract No. ac112016390014 for the year 2016-2017. The petitioner has already accepted the contract. According to the petitioner, he is entitled for

incentives and other dues in terms of Clause 9 of the contract.

2. The petitioner has already submitted a representation in terms of Clause 15 of the agreement which is to be decided by the concerned Collector, however, despite lapse of about nine months period, the concerned Collector has not taken any decision in the matter.

3. Considering Clause 10 and 15 of the agreement, the Writ Petition is disposed of with direction to the Collector, Surguja to decide petitioner's application at the earliest preferably within a period of three months from the date of submission of certified copy of this order.

4. Depending upon the order passed by the Collector, the petitioner would be at liberty to invoke the arbitration Clause in terms of the Clause 16 of the agreement.

5. Accordingly, the Writ Petition is disposed of. Sd/- (Prashant Kumar Mishra) Judge Ayushi