No. 3339 of 2025 G M Construction Through Proprietor Mohan Lal Sinha v. 1 State Of Chhattisgarh Through - The Secretary, Department Of Mines

: Mr. Dharmesh Shrivastava, Advocate : Mr. Shashank Thakur, Dy. A.G. State 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice

02.07.2025

Heard Mr. Dharmesh Shrivastava, learned counsel for the petitioner as well as Mr. Shashank Thakur, learned Dy. A.G. for the respondents/ State.

The present writ petition has been filed seeking direction to respondent No. 4 to release the payment towards final bills of the petitioner against the work which have been already complete by them.

Learned counsel appearing for the parties submit that the issue involved in this writ petition has already been considered and decided by this Court vide judgment dated 19.06.2025 in WPC No. 3014 of 2025, whereby the Division Bench of this Court has held as under:- “7. In the present cases, the relief of compensations sought by the petitioner is contingent upon the resolution of the disputed question of facts raised, and these questions cannot be adjudicated under Article 226 of the Constitution of India. In view of the aforesaid, it would not be appropriate for this Court to entertain the present writ petitions as there are disputed questions of fact involved.

Considering the submissions advanced by 3 learned counsel for the parties, further considering the disputed questions of law involved in these writ petitions, the reliefs sought by the petitioner and in view of law laid down by the Hon’ble Supreme Court in the above-stated judgments (supra), we do not find any good ground to entertain these writ petitions.

Accordingly, the present writ petitions being devoid of merit are liable to be and are hereby dismissed. However, liberty is reserved in favour of the petitioner to take recourse to other alternate remedies available to him under the law. No cost(s).