M/S Ramkrishana Agrawal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2973 of 2019 • M/s Ramkrishana Agrawal A Proprietorship Firm Having Its Office At Ward No. 4 Bazar Mohalla Katghora, District- Korba, Chhattisgarh Through Its Sole Proprietor Ramkrishna Agrawal S/o Late Shri Bihari Lal Agrawal Aged About 60 Years ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh

2. Collector Korba, District- Korba, Chhattisgarh

3. The Superintending Engineer PWD, Bilaspur, Circle, Bilaspur, Chhattisgarh

4. Executive Engineer Public Works Department, Korba Division, District- Korba, Chhattisgarh

5. Chief Executive Officer Katghora Janpad Panchayat Katghora, District- Korba, Chhattisgarh ---- Respondents For Petitioner :

Shri Harsh Wardhan, Advocate For Respondents/State :

Shri Rahul Jha, GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 30/08/2019

1. Heard.

2. The present petition is filed only with the object that the petitioner has successfully executed the work of construction of modern record room and the work is completed vide Annexure P-3 on 27.06.2018, however, till date the payment has not been released.

3. It is contended that despite such completion of work since the amount granted under the head lapsed, payment are not being made though the Collector has made correspondence with the Commissioner, land records on 11.07.2019 vide Annexure P-4. It is submitted that virtually no dispute exists and it is an admitted fact that the petitioner has worked, executed the job and completed the work, therefore, his payment may be released.

4. Perusal of Annexure P-3 would show that the completion certificate was issued to the petitioner, who has completed the work on 27.06.2018. Further the letter of the Collector dated 11.07.2019 would show that the Collector himself is admitting the fact that the work has been completed but the payment could not be made and the Collector also made request to the Commissioner, Land Records, to allocate the fund as earlier it was lapsed. Taking into the facts of this case, virtually no dispute exists, therefore, the petitioner if has completed the work, which is evident from Annexure P-4, wherein the Collector has asked for amount to be released in favour of the petitioner, under the circumstances, the respondents/State is directed to make all possible endeavour so that the compliance of order dated 11.07.2019 (Annexure P-4) is made and all the exercises for compliance of reallocate the fund of Rs.20 Lakhs shall be made within an outer limit of two months from the date of receipt of certified copy of this order.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu