Om Sai Traders And Tent House v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1393 of 2015 Om Sai Traders & Tent House Through Proprietor, Deepak Sharma, S/o Shri Pawan Kumar Sharma, Aged About 48 Years, R/o 52 Aadarsh Nagar, Kanker, P. S. Kanker, District Kanker, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, (Chhattisgarh)

2. Collector, District North Bastar, Kanker, (Chhattisgarh)

3. District Education Officer, District North Bastar, Kanker, (Chhattisgarh) ---- Respondents Dr. Shailesh Ahuja, counsel for the petitioner/s. Shri Manish Nigam, Panel Lawyer for the State on advance copy. Order On Board 10/08/2015 Heard.

Petitioner's grievance is that payment towards installation of tents have been arbitrarily withheld and no orders have been passed on petitioner's application. According to the petitioner, the claim of the petitioner is undisputed. Therefore, there is no reason to detain the amount.

2.

Learned State counsel submits that if any amount is due and payable in accordance with law, the same shall be considered for payment by respondents 2 and 3.

3.

In view of above, at this stage, the petition is disposed off. Respondents 2 and 3 shall examine the grievance of the petitioner. If according to them, any amount is due and payable to the petitioner, the same shall be paid as early as possible, preferably within three months. However, if any amount is not found to be payable to the petitioner, a clear speaking order in writing shall be passed by

respondent No.3 within three months. Thereafter, if the petitioner's grievance is not redressed it will be open for him to take recourse to such remedy as may be available to him under the law.

Sd/- Manindra Mohan Shrivastava Judge Deepti