M/S Adarsh Rao Shinde v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 108 of 2017

1. M/s Adarsh Rao Shinde Proprietor-Adarsh Rao Shinde, Age 45 Years, S/o Late Shri Maruti Rao Shinde, Class-D, Civil Contractor, Having Its Unique I.D.No. CGeR07638, Office And R/o : Ward No. 03, Patelpara, Rajim, P.S. Rajim, Tahsil & Civil Revenue Distt. And Distt. Gariyaband (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration & Development, Mahanadi Mantralaya Bhavan, New Raipur, Raipur, Distt. Raipur (Chhattisgarh)

2. The Chief Municipal Officer, Municipal Council/Nagar Panchayat Rajim, Distt. Gariyaband (Chhattisgarh)

3. The President/Secretary, Municipal Council, Nagar Panchayat, Rajim, Tender-Committee, Rajim, Distt. Gariyaband (Chhattisgarh) ---- Respondent For Petitioner Shri J.A. Lohani, Advocate For Respondent/State Shri Sangarsh Pandey, Dy. Govt. Adv.

For Respondent No.2&3 None, despite service of notice Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 08/03/2017 1.

The petitioner has admittedly constructed shops to be used as liquor shops by the State Government. The contract was awarded to the petitioner by the Nagar Panchayat, Rajim. The petitioner would submit that despite the construction having been

completed and despite there being no adverse report against the petitioner, the Nagar Panchayat has withheld an amount of Rs.4,64,515/-.

2.

Considering the nature of dispute and for the fact that despite service of dasti notice, no one appears for the Nagar Panchayat, Rajim, the writ petition is dispose of with a direction that the petitioner shall submit a representation before the Collector, Gariyaband, within a period of two weeks from today and, thereafter, the Collector, Gariyaband, shall decide the matter, in accordance with law and on its own merits, after affording proper opportunity to hearing to the parties, within a further period of four weeks.

Sd/- Judge Prashant Kumar Mishra Gowri