Girja Shankar Dubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 534 of 2017 Girja Shankar Dubey S/o Late Bisahu Prasad Dubey, Aged About 42 Years R/o Village Kalkasa, Post Malighori, Tehsil Dondilohara, District Balod, Chhattisgarh ---- Appellant

Versus

1. State Of Chhattisgarh Through Secretary Urban And General Administration Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. Director, Urban And Administration Department, Indrawati Bhawan, New Raipur, District Raipur, Chhattisgarh

3. Deputy Director, Urban And Administration Department, Indrawati Bhawan, New Raipur, District Raipur, Chhattisgarh

4. Collector, Balod, District Balod, Chhattisgarh

5. Nagar Panchayat Dondilohara, Through Chief Municipal Officer, Nagar Panchayat Dondilohara, District Balod, Chhattisgarh ---- Respondents For Appellant : Ms. Hamida Siddiqui, Advocate.

For Respondent/State : Shri Yashwant Singh Thakur, Additional Advocate General. For Respondent No.5 : Shri Prafull N. Bharat, Advocate.

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Prashant Kumar Mishra, Judge Order on Board 17/08/2018 Per Ajay Kumar Tripathi, Chief Justice 1.

Heard counsel for the parties.

2.

In a dispute of the kind relating to the work having been done/not done by the Appellant and since it is not a case of admitted dues, therefore, the maximum which could have been done by the Learned Single Judge in exercise of his powers under Article 226 of the Constitution of India has already been directed by him.

3.

Since the writ Court does not have any mechanism to verify the nature of work in compliance of the terms of the specification laid down in the Notice Inviting Tender, there is nothing to interfere with the said decision dated 27.09.2017 passed in Writ Petition (C) No.2673 of 2017. The appeal is therefore dismissed.

4.

Dismissal of the appeal however will not come in the way of any other remedy which the Appellant may seek under the law. Sd/- Sd/- (Ajay Kumar Tripathi) (Prashant Kumar Mishra) CHIEF JUSTICE JUDGE Anu