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High Court Of ChhattisgarhWPC/3840/2019disposed off

Kamal Basaiwal v. State Of Chhattisgarh

2019-10-22Hon'Ble Shri Justice P. Sam Koshy1 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 3840 OF 2019 Kamal Basaiwal S/o Late Bajrang Lal Basaiwal, Aged About 48 Years, A-2 Grade Contractor, R/o Main Road Naila, Ward No.05, Dist Janjgir Champa (CG) ... 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, Distt. Raipur (CG) 3.

Chief Engineer, Public Works Department, Bilaspur Zone, Bilaspur (CG) 4.

Superintending Engineer, Public Works Department, Bilaspur Zone, Bilaspur (CG) 5.

Executive Engineer Public Works Department Champa Division Champa Distt. - Janjgir Chmapa (CG) ... Respondents For Petitioner :

Mr. Vivek Kumar Shrivastava, Advocate.

For Respondents :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22/10/2019 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) /sharad/ JUDGE