M/S Devanshi Construction v. State Of Chhattisgarh

WPC No. 1974 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1974 of 2019 • M/s Devanshi Construction Through Proprietor Shri Subhah Rai, R/o Roy Colony, Sattipara Chowk, Ambikapur, District Sarguja Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh.

2. Superintendent Engineer, Public Works Department, Ambikapur Division, Ambikapur, District Sarguja Chhattisgarh.

3. Executive Engineer, Public Works Department, Ambikapur Division, Ambikapur District Sarguja Chhattisgarh.

4. Sub Divisional Officer, Public Works, Department, Sub Division 2, Ambikapur District Sarguja Chhattisgarh. ---- Respondents For Petitioner :- Shri Prateek Sharma, Advocate For Respondent-State :- Rahul Jha, G.A.

Order On Board By Hon'ble Justice Shri Prashant Kumar Mishra 17/06/2019

WPC No. 1974 of 2019

1. Petitioner has executed contract of construction of Police Coordination Centre, Ambikapur, however, final payment of the bills raised by the petitioner has not been paid.

2. Division Bench of this Court vide its order dated 19.02.2015 in Writ Appeal No.38/2015 in the matter of Om Sai Traders & Tent House vs. State of Chattisgarh and others have held that a writ petition is maintainable seeking monitory claim in respect of undisputed amount.

3. Considering the documents Annexure P-6 and Annexure P7 under which the petitioner has accorded satisfaction to the final bill prepared by the concerned SDO PWD, the writ petition is disposed of with direction that in the event petitioner moves afresh representation along with certified copy of this order to claim the undisputed amount before the authorities within four weeks, the concerned authority shall consider the application at the earliest, preferably within next 12 weeks.

Sd/- (Prashant Kumar Mishra) Judge Ankit