Smt. Anita Singh v. Superintendent Engineer

-1HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3101 of 2021 • Smt. Anita Singh D/o Late Ramjeet Singh Aged About 47 Years R/o Beside Sharad Provision Store, Market Line, Nehru Nagar, Bhilai, Tahsil And District Durg Chhattisgarh ---- Petitioner

Versus

1. Superintendent Engineer Chhattisgarh Medical Services Corporation Limited Raipur District Raipur Chhattisgarh

2. Executive Engineer Chhattisgarh Medical Services Corporation Limited Durg Division District Durg Chhattisgarh

3. State Of Chhattisgarh Through The Secretary, Department Of Health, Mantralaya Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh ---- Respondents For Petitioner :

Shri Tarun Dansena, Advocate For State/ Respondents :

Shri Ashish Tiwari, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 03.08.2021 Heard

1. The present petition has been filed on the ground that certain contract was executed by the petitioner for which part payment was made, however the balance amount has not been released by Respondent No. 1.

2. On a enquiry being made that when the contract was executed, it is stated that in the year 2013 the contract was executed. Learned counsel further prays that Annexure P-5 may be directed to be decided.

3. Perused the documents.

4. Perusal of the documents would show that Annexure P-5 is a notice served to respondent No. 1 wherein the balance amount and the FDR which is deposited is asked to be repaid and FDR requested to be returned. This Court in exercise of its power under article 226 of the Constitution of India cannot direct a demand in a notice to be decided and further since disputed question of facts are involved, therefore, I am not inclined to entertain this petition.

5. In view of this, the petition sans merit is liable to be and is hereby dismissed. Sd/- (Goutam Bhaduri) Judge Jyoti