High Court Of ChhattisgarhWPC/1506/2015disposed off

M/S Shrikishan And Company Private Limited v. State Of Chhattisgarh

2015-08-26Hon'Ble The Chief Justice,Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1506 of 2015 M/s Shrikishan And Company Private Limited (A Company Incorporated Under The Provisions Of Companies Act, 1956) Having Its Registered Office At S- 1, Shree Complex, T. P. Nagar, Satadium Road, Korba, P. O. Korba, Tahsil: Korba, Civil & Revenue District Korba, Chhattisgarh, P I N- 495677 Through Its Authorised Director & Authorised Signatory Sharad Goyal S/o Sushil Kumar Agrawal, Aged About 24 Yearsd, R/o 97, Jalvihar Colony, Raipur, Tahsil: Raipur, Civil & Revenue District: Raipur, Chhattisgarh 492001 ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Chief Secretary, Government Of Chhattisgarh & Chairman, Empowered Committee, Chhattisgarh Rural Road Development Agency, Mantralaya, Mahanadi Gate Naya Raipur Capital Complex, Head Post Office Raipur, Police Station Telibandha, Raipur, Tahsil: Raipur, Civil & Revenue Distt: Raipur, Chhattisgarh. P I N- 492001

2. Chhattisgarh Rural Road Development Agency, Through Its Chief Executive Officer, Vikas Bhawan, Civil Lines, Raipur, P O: Head Post Office Raipur, Police Station: Telibandha, Raipur, Tahsil: Raipur, Civil & Revenue District Raipur, Chhattisgarh. P I N- 492001

3. The Chief Engineer, Chhattisgarh Rural Road Development Agency Vikas Bhawan, Civil Lines, Raipur, P O: Head Post Office Raipur, Police Station Civil Lines, Raipur, Tahsil: Raipur, Civil & Revenue Distt: Raipur, Chhattisgarh. P I N- 492001

4. The Superintending Engineer, Chhattisgarh Rural Road Development Agency, Project Circle, Raipur, Vikas Bhawan, Civil Lines, Raipur, Head Post Office: Raipur, Police Station Civil Lines, Raipur, Tah. Raipur, Civil & Revenue Distt. Raipur, Chhattisgarh. P I N- 492001

5. The Executive Engineer Cum Member Secretary, Project Implementation Unit, Chhattisgarh Rural Road Development Agency, Mahasamund, P O: Mahasamund, Civil & Revenue District: Mahasamund, Chhattisgarh.

---- Respondents Writ Petition (C) No. 1509 of 2015 M/s Shrikishan And Company Private Limited (A Company Incorporated Under The Provisions Of Companies Act, 1956) Having Its Registered Office At S- 1, Shree Complex, T. P. Nagar, Satadium Road, Korba, P. O. Korba, Tahsil: Korba, Civil & Revenue District Korba, Chhattisgarh, P I N- 495677 Through Its Authorised Director & Authorised Signatory Sharad Goyal S/o Sushil Kumar Agrawal, Aged About 24 Yearsd, R/o 97, Jalvihar Colony, Raipur, Tahsil: Raipur, Civil & Revenue District: Raipur, Chhattisgarh 492001 ---- Petitioner

Versus

---- Respondents For Petitioner:

Shri Rajkamal Singh, Advocate.

For Respondents/State:

Shri C.D. Singh, Additional Advocate General.

Hon'ble The Chief Justice Hon'ble Shri Justice P. Sam Koshy Order On Board Per Navin Sinha, Chief Justice 26/08/2015 1.

Since the facts in the two Writ Petitions are common including the issues for consideration and the Petitioner is also common, they have been heard together and are being disposed by a common order. 2.

The Petitioner was awarded a contract. The contract was terminated. The Petitioner questions the termination as unjustified. The contract in Clause-24 provided for a Dispute Redressal System. The Petitioner has

invoked the same in pursuance of which, the Chief Engineer, Chhattisgarh Rural Road Development Authority has already written to the Superintending Engineer calling for his comments and for hearing to decide the matter. 3.

In view of the fact that the Chief Engineer is already in seisin of the matter, the only appropriate order to be passed by us at this stage is to direct the parties to co-operate so that the Chief Engineer is able to pass final appropriate orders in accordance with Clause - 24 within a maximum period of eight weeks from the date of receipt and/or production of a copy of this order, provided the Petitioner himself co-operates. 4.

Needless to state that fairness requires that the Chief Engineer is required to deal with all issues that may be raised by the Petitioner especially if he proposes to pass an order adverse to the petitioner, so that judicial review , if necessary is facilitated.

The Writ Petitions stand disposed.

Sd/- Sd/- (Navin Shiha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Priya