Chattisgarh High Court
M/S Bsbk Private Limited vs State Of Chhattisgarh on 16 March, 2022
Author: Rajendra Chandra Singh Samant
Bench: Rajendra Chandra Singh Samant
-1-
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 992 of 2021
Rathi Associates, 'A' Class Contractor, through its Proprietor Rajesh
Rathi, S/o Late G.L. Rathi, Aged About 53 Years, Office Situated at Shop
No.20, Lakhey School Complex, Gandhi Chowk, Raipur, Tahsil and
District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh, Through the Principal Secretary, Department of
Urban Administration, Mahanadi Mantralaya, Atal Nagar, Naya Raipur,
Post Office and Police Station Naya Raipur, District Raipur
(Chhattisgarh), District : Raipur, Chhattisgarh
2. Municipal Corporation, Raipur, through the Commissioner, Municipal
Corporation, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
3. Executive Engineer (PMAY and HFA), Municipal Corporation, Raipur
(Chhattisgarh), District : Raipur, Chhattisgarh
---- Respondents
WPC No. 995 of 2021
M/s Dubey Goyal and Company, 'A' Class Contractor, through Brijesh Kumar Agrawal, S/o Late C.M. Agrawal, Aged About 59 Years, Proprietor, M/s Dubey Goyal and Company, 109 'A' Block, 1 st Floor, Crystal Arcade, Shankar Nagar, Pandari Road, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh, Through the Principal Secretary, Department of Urban Administration, Mahanadi Mantralaya, Atal Nagar, Naya Raipur, Post Office and Police Station Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Municipal Corporation, Raipur, through the Commissioner, Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Executive Engineer (PMAY and HFA), Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Respondents WPC No. 1050 of 2021 Deepak Pandey S/o Late C.P. Pandey, Aged About 55 Years, Occupation- Civil Contractor 'A' Class, Office at Shop No.1, Pt. Lakhan Lal Mishra Complex, Kankali Para, Raipur, Chhattisgarh., District :
Raipur, Chhattisgarh
---- Petitioner Versus State Of Chhattisgarh, Through the Principal Secretary, Department of Urban Administration, Mahanadi Mantralaya, Atal Nagar, Naya Raipur, Post Office and Police Station Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
2. Municipal Corporation, Raipur, through the Commissioner, Municipal -2- Corporation, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
3. Executive Engineer (PMAY and HFA), Municipal Corporation, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
---- Respondent WPC No. 1070 of 2021 M/s BSBK Private Limited, through R. K. Nema, S/o Late Ramlal Nema, Aged About 58 Years, General Manager, M/s BSBK Private Limited, 4 th Floor, Surya Treasure Island Mall, Bhilai, District Durg Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department of Urban Administration, Mahanadi Mantralaya, Atal Nagar, Post Office and Police Station Naya Raipur, District Raipur Chhattisgarh
2. Municipal Corporation, Bilaspur through the Commissioner, Municipal Corporation Bilaspur Chhattisgarh
3. Executive Engineer (PMAY and HFA), Municipal Corporation, Bilaspur Chhattisgarh
---- Respondents WPC No. 1785 of 2021 M/s D.K. Engineering and Construction, through its Power of Attorney Holder Dhiraj Agrawal, S/o Radheshyam Agrawal, Aged About 45 Years, Office Situated At C-73, Sector II, Devendra Nagar, Raipur, Tahsil and District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh, Through the Principal Secretary, Department of Urban Administration, Mahanadi Mantralaya, Atal Nagar, Naya Raipur, Post Office and Police Station Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Municipal Corporation, Raipur, through the Commissioner, Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Executive Engineer (PMAY and HFA), Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Respondents For Petitioners - Shri B.D. Guru and Shri Shaleen Singh Baghel, Advocates.
For State/Respondent No.1 - Shri Chandresh Shrivastava, Addl. Advocate General.
For Respondents No.2 and 3 - Shri Sandeep Dubey, Advocate (in WPC No.992/2021, WPC No.995/2021, WPC No.1050/2021 and WPC No.1785/2021), Shri Ashok Kumar Varma and Shri Gajendra Kumar Sahu, Advocates (in WPC No.1070/2021) Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 16-03-2022
1. Heard.
-3-
2. The petitioners in all these cases are contractors. All the petitioners were granted work orders for construction of dwelling units under Pradhan Mantri Awas Yojana (Housing for All) in the respective sites. The petitioners have completed the work of construction and submitted their bills, but only partial payment has been made to the petitioners by the respondents authorities so far. Therefore, these petitions have been filed praying for relief that the respondents authorities may be directed to make payment of unpaid dues in favour of the petitioners.
3. Learned State counsel appearing for respondent No.1 makes formal objection.
4. Learned counsel for respondents No.2 and 3 submit that partial payment has been made to the petitioners, however, there are some dues to be paid, but because of non-cooperation of the beneficiaries of the housing scheme the amount that is to be received from the beneficiaries is not received and respondents No.2 and 3 are facing difficulties for the same. Therefore, appropriate orders be passed granting some time to the respondents for making payment.
5. After considering on the submissions, all these petitions are disposed off at motion stage and the petitioners are granted liberty to file representation making exact calculation of the dues pending to be paid by respondent No.2 within a time limit of 15 days and on filing of such representation respondent No.2 shall be obliged to consider and take decision on the same at the earliest, preferably within a period of 120 days and make all efforts to satisfy all the dues against the petitioners.
6. The petitions stand disposed off.
Sd/-
(Rajendra Chandra Singh Samant) Judge Aadil