High Court Of ChhattisgarhWPC/2545/2020disposed off

Kamal Basaiwal v. State Of Chhattisgarh

2020-11-03Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2545 of 2020 Kamal Basaiwal S/o Late Bajrang Lal Basaiwal, Aged About 49 Years, A-2 Grade Contractor, R/o Main Road, Naila, Ward No. 5, District Janjgir Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Public Works, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur Chhattisgarh

2. Engineer In Chief, Public Works Department, Raipur, District Raipur Chhattisgarh

3. Chief Engineer, Public Works Department, Bilaspur Zone, Bilaspur Chhattisgarh

4. Superintending Engineer, Public Works Department, Bilaspur Zone, Bilaspur Chhattisgarh

5. Executive Engineer, Public Works Department, Champa Division, Champa, District Janjgir Champa, Chhattisgarh ---- Respondents For Petitioner :

Mr. Vivek Shrivastava, Advocate For State :

Mr. Sudeep Verma, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 03.11.2020

1. Learned counsel for the petitioner submits that despite completion of the work awarded to the petitioner, which is proved by issuance of Work Completion Certificate (Annexure P-2) in the petitioner's favour,

the respondents are not releasing the amount without there being any dispute between the parties.

2. Considering the entire facts situation of the case and the order passed by a Division Bench of this Court in W.A. No.38/2015 (Om Sai Traders and Tent House Vs. State of Chhattisgarh and others), decided on 19.2.2015, I deem it appropriate to dispose of the present writ petition with a direction that in the event the petitioner moves a representation before respondent no.5 within a period of 4 weeks from today for releasing the subject payment along with certified copy of this order, the concerned authority shall consider and decide the petitioner's representation, at the earliest, by a speaking order within a period of 2 months from the date of submission of representation.

3. The writ petition stands accordingly disposed of. Sd/- P. Sam Koshy Judge Khatai