Nafr High Court
Case Details
1 2025:CGHC:3271 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 303 of 2025 SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.20 23:09:34 +0530 1 - M/s. Soham Groups, Through The Proprietor, Naresh Kumar Agrawal, S/o Late Shri Amar Singh Agrawal, Aged About 65 Years, Ramniwas Colony, House No. Bw/11, Namnakala, Ambikapur, District- Surguja (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary Ministry Of Mineral Resources Department, Mahanadi Bhawan, Naya Raipur (C.G.) 2 - The Collector-Cum-President District Mineral Fund, Bijapur, District- Bijapur (C.G.) 3 - The Sub-Divisional OfÏcer E/m L.M.T./w And Gates Sub-Division, Jagdalpur, District - Bastar (C.G.) --- Respondent(s) WPC No. 315 of 2025 1 - M/s. Soham Groups, Through The Proprietor Naresh Kumar Agrawal
Legal Reasoning
S/o Late Shri Amar Singh Agrawal Aged About 65 Years R/o Ramniwas Colony House No. Bw/11 Namnakala Ambikapur District - Surguja (C.G.) 2 Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through The Secretary Ministry Of Mineral Resources Department Mahanadi Bhawan Naya Raipur (C.G.) 2 - The Collector Cum President District Mineral Fund Bijapur District - Bijapur (C.G.) 3 - The Sub Divisional OfÏcer E/m L.M.T./w And Gates Sub Division Jagdalpur District - Bastar (C.G.) --- Respondent(s) WPC No. 320 of 2025 1 - M/s. Soham Groups, Through The Proprietor, Naresh Kumar Agrawal, Son Of Late Shri Amar Singh Agrawal, Aged About 65 Years, R/o Ramniwas Colony, House No. B.W. /11, Namnakala, Ambikapur, District- Surguja, C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Mineral Resources Department, Mahanadi Bhawan, Naya Raipur, C.G. 2 - The Collector-Cum-President District Mineral Fund, Bijapur, District- Bijapur, C.G. 3 - The Sub-Divisional OfÏcer E/m L.M.T./w And Gates Sub-Division, Jagdalpur, District- Bastar, C.G. --- Respondent(s) 3 WPC No. 322 of 2025 1 - M/s. Soham Groups, Thorugh- The Proprietor, Naresh Kumar Agrawal Son Of The Shri Amar Singh Agrawal, Aged About 65 Years, Resident Of Ramniwas Colony, House No. Bw/11, Namnakala, Ambikapur, District- Sarguja ( C.G. ). ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- The Secretary, Ministry Of Mineral Resources Department, Mahanadi Bhawan, Naya Raipur ( C.G.). 2 - The Collector - Cum President, District- Mineral Fund, Bijapur, District- Bijapur ( C.G.). 3 - The Sub- Divisional OfÏcer E/m L.M.T./w And Gates, Sub- Division, Jagdalpur, District- Bastar ( C.G. ). --- Respondent(s) WPC No. 323 of 2025 1 - M/s. Soham Groups, Through The Proprietor Naresh Kumar Agrawal S/o Late Shri Amar Singh Agrawal Aged About 65 Years R/o Ramniwas Colony House No. Bw/11, Namnakala Ambikapur District - Surguja (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Ministry Of Mineral Resources Department Mahanadi Bhawan Naya Raipur (C.G.) 4 2 - The Collector Cum President District Mineral Fund Bijapur District - Bijapur (C.G.) 3 - The Sub Divisional OfÏcer E/m L.M.T. / W And Gates Sub Division Jagdalpur District - Bastar (C.G.) --- Respondent(s) WPC No. 334 of 2025 1 - M/s. Soham Groups, Thorugh- The Proprietor, Naresh Kumar Agrawal Son Of The Shri Amar Singh Agrawal, Aged About 65 Years, Resident Of Ramniwas Colony, House No. Bw/11, Namnakala, Ambikapur, District- Sarguja ( C.G. ). ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- The Secretary, Ministry Of Mineral Resources Department, Mahanadi Bhawan, Naya Raipur ( C.G.). 2 - The Collector - Cum President, District- Mineral Fund, Bijapur, District- Bijapur ( C.G.). 3 - The Sub- Divisional OfÏcer E/m L.M.T./w And Gates, Sub- Division, Jagdalpur, District- Bastar ( C.G. ). --- Respondent(s) WPC No. 337 of 2025 1 - M/s. Soham Groups, Through The Proprietor, Naresh Kumar Agrawal, S/o Late Shri Amar Singh Agrawal, Aged About 65 Years, R/o Ramniwas Colony, House No. Bw/11, Namnakala, Ambikapur, District - Suraguja (C.G.). ---Petitioner(s) 5 Versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Mineral Resources Department, Mahanadi Bhawan, Naya Raipur (C.G.). 2 - The Collector-Cum-President, District Mineral Fund, Bijapur, District - Bijapur (C.G.). 3 - The Sub - Divisional OfÏcer E/m L.M.T./w. And Gates, Sub-Divisional, Jangdalpur, District - Bastar (C.G.). --- Respondent(s) WPC No. 338 of 2025 1 - M/s. Sohan Groups, Through- The Proprietor, Naresh Kumar Agrawal, S/o Late Shri Amar Singh Agrawal, Aged About 65 Years, R/o Ramniwas Colony, House No. Bw/11, Namnakala, Ambikapur, District- Surguja (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Mineral Resources Department, Mahanadi Bhawan, Naya Raipur C.G. 2 - The Collector-Cum-President District Mineral Fund, Bijapur, District- Bijapur C.G. 3 - The Sub-Divisional OfÏcer E/m L.M.T./w And Gates Sub-Division, Jagdalpur, District- Bastar C.G. --- Respondent(s) 6 WPC No. 381 of 2025 1 - M/s. Soham Groups Through The Proprietor, Naresh Kumar Agrawal, Son Of Late Shri Amar Singh Agrawal, Aged About 65 Years, R/o Ramniwas Colony, House No. B.W./11, Namnakala, Ambikapur, District- Surguja, C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Mineral Resources Department, Mahanadi Bhawan, Naya Raipur, C.G. 2 - Thr Collector-Cum-President District Mineral Fund, Bijapur, District- Bijapur, C.G. 3 - The Sub-Divisional OfÏcer E/m L.M.T./w And Gates, Sub-Division, Jagdalpur, District- Bastar, C.G. --- Respondent(s) WPC No. 389 of 2025 1 - M/s. Soham Groups Through The Proprietor, Naresh Kumar Agrawal, Son Of Late Shri Amar Singh Agrawal, Aged About 65 Years, R/o Ramniwas Colony, House No. B.W./11, Namnakala, Ambikapur, District- Surguja, C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Mineral Resources Department, Mahanadi Bhawan, Naya Raipur, C.G. 7 2 - The Collector-Cum-President District Mineral Fund, Bijapur, District- Bijapur, C.G. 3 - The Sub-Divisional OfÏcer E/m L.M.T./w And Gates, Sub-Division, Jagdalpur, District- Bastar, C.G. (Cause title taken from CIS) --- Respondent(s) For Petitioner(s) : Shri V.K. Pandey, Advocate along with Shri T.R. Chandrakar, Advocate For Respondent/State : Ms. Upasana Mehta, Dy. Govt. Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 20.01.2025 1. Since the common facts and grounds involved in all these petitions, they are being considered and decided by this common order. Even the petitioner is also same in all the petitions. For the sake of convenience, the pleadings and documents of WPC No. 303/2025 are being referred. 2. By the present writ petitions, the petitioner namely; M/s Soham Groups is seeking a direction towards the respondent authorities to release the undisputed claim towards the work allotted to it vide work order dated 30.06.2023 for construction of pump house and installation of the motor pump vide its Administrative Order under the Laghu Sinchai Yojna for respective agriculturists of village Panchayat Jaiwaram, Block- Bhairamgarh, District- Bijapur. 3. Learned counsel for the petitioner submits that after issuance of the work order dated 30.06.2023, the petitioner has completed the work as allotted to him and vide Annexure P/4, the respondent No. 8 3/SDO has issued the work completion certificate to the petitioner. In spite of issuance of the work completion certificate issued by respondent no. 3, the authorities are not making the payment of final bill, which is raised by the petitioner, till date. 4. Learned counsel for the respondent/State, on the other hand, by referring Annexure P/1 which is a communication of Collector to SDO, by which it has been intimated to the SDO E/M L.M.T & Gates/respondent no. 3 directing to withdraw the administrative sanction of the works allotted under the Scheme namely; Laghu Sinchai Yojna stating that electrification and electric connection has not been facilitated to the agriculturists for the operation of motor pump and pump house and for the said reason the payment towards the final bill is not being made to the petitioner. 5. I have heard both the counsels for the parties and perused the work order and work completion certificate. 6. From perusal of the work order and work completion certificate, it is very clear that the petitioner has not been allotted the work of electrification and electric connection, the petitioner was allotted the work of construction and installation of pump house and motor pump and there was no work for electrification and electric connection was allotted to the present petitioner. It is not in dispute, that the petitioner has completed the work as per the work completion certificate (Annexure P/4).
Decision
7. In view of the above, it is directed that respondents No.2 & 3 verify the claim of the petitioner as raised in the final bill and if the petitioner has completed the work as per the work completion 9 certificate and there is no dispute to the work done by the petitioner, the claim raised by the petitioner be released within a period of 50 days from today. 8. With the aforesaid observations, all the writ petitions stand disposed off. Sd/- (Bibhu Datta Guru) Judge Shoaib