1 - Foolchand Ram S/o Shri Ramnath Ram Aged About 52 Years R/o Village v. 1 - State Of Chhattisgarh Through The Secretary, Public Works Depar
Case Details
1 BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.02.14 17:16:31 +0530 2025:CGHC:7463-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 77 of 2024 1 - Foolchand Ram S/o Shri Ramnath Ram Aged About 52 Years R/o Village- Ghatmunda, Police Station And Tahsil-Kunkuri, Civil And Revenue District Jashpur, Chhattisgarh. 2 - Ranjan Majhi S/o Shri Sukaru Majhi Aged About 36 Years R/o Village Lavakera, Police Station Tapkara, Civil And Revenue District Jashpur, Chhattisgarh. ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhavan, New Raipur, Chhattisgarh. 2 - The Director, Public Works Department, Directorate, Nirmal Bhawan, North Block, Sector- 19, Atal Nagar, New Raipur, Chhattisgarh. 3 - The Accountant General Of Chhattisgarh, Zero Point, Baloda Bazar Road, Raipur, Civil And Revenue District Raipur, Chhattisgarh. 4 - The Chief Engineer, Public Works Department, Ambikapur Zone, Sarguja, Civil And Revenue District Sarguja, Chhattisgarh. 5 - The Superintendent Of Engineer, Public Works Department, Circle Ambikapur, Civil And Revenue District Sarguja, Chhattisgarh. 6 - The Sub Divisional Officer, Public Works Department, Sub Division No. 1, Patthalgaon, Civil And Revenue District Jashpur, Chhattisgarh. 7 - The Executive Engineer, Public Works Department, Division Patthalgaon, Civil And Revenue District Jashpur, Chhattisgarh. 2 8 - The Sub Engineer, Public Works Department, Division Patthalgaon, Civil And Revenue District Jashpur, Chhattisgarh. 9 - The Senior Accounts Clerk, Public Works Department, Division Patthalgaon, Civil And Revenue District Jashpur, Chhattisgarh. 10 - The Auditor, Public Works Department, Division Patthalgaon, Civil And Revenue District Jashpur, Chhattisgarh. 11 - M/s Hill Brow Metalics And Constructions Private Limited Through Its Proprietors/ Partners, Ward No. 08, Chandani Chawk, Raigarh, Civil And Revenue District Raigarh, Chhattisgarh, Pin No. 496001 12 - The Collector, Jashpur, Civil And Revenue District Jashpur, Chhattisgarh. 13 - The Sub Divisional Officer (Rev.) Patthalgaon, Civil And Revenue District Jashpur, Chhattisgarh. 14 - Superintendent Of Police, Financial Irregularities Investigation And Corruption Preventive Burro, Gaurav Path, In Front Of Jay Jawan Petrol Pump, Raipur, Civil And Revenue District Raipur, Chhattisgarh. ... Respondents For Petitioners
Legal Reasoning
: Mr.Paras Mani Shriwas, Advocate For Respondents : Mr.Prafull Bharat, Advocate General assisted No.1, 2, 4 to 10 & by Mr.Shashank Thakur, Deputy Advocate 12 to 14/State General For Respondent No.3 : : Mr.Rajkumar Gupta, Advocate Mr.Pragalbha Sharma, Advocate appears as Court Commissioner Hon'ble Shri Ramesh Sinha, Shri Ravindra Kumar Agrawal Chief Justice , Judge Hon'ble Per Ramesh Sinha , Chief Justice
Decision
Order on Board 12 .02 .2025 1. Heard Mr.Paras Mani Shriwas, learned counsel for the petitioners. 3 Also heard Mr.Prafull Bharat, learned Advocate General assisted by Mr.Shashank Thakur, learned Deputy Advocate General appearing for respondents No.1, 2, 4 to 10, 12 to 14/State, Mr.Rajkumar Gupta, learned counsel appearing for respondent No.3 and Mr.Pragalbha Sharma, learned Court Commissioner. 2. By way of this WPPIL, the petitioners have prayed for following reliefs:- “(i) That, the Hon’ble Court may kindly be pleased to call the entire record from the respondent authorities. (ii) That, the Hon’ble Court may kindly pleased to direct the Respondent No.14 may be conduct inquiry on the complaint made by petitioner’s within stipulate period of time thereafter take appropriate action against the responsible persons. (iii) That, the Hon’ble Court may kindly be pleased to direct the Concern Respondents may also be inquired the matter within stipulated period of time on complain made by petitioner and thereafter take appropriate steps against the respondent No.11 as well as against other relevant process as per law. (iv) Any other relief, which may be deemed, fit by this Hon’ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner.” 3. In compliance of the Court’s order dated 8.1.2025 learned Court Commissioner has submitted his inspection report which states as under:- 4 “1. The undersigned Court Commissioner visited the "Lailunga-Kotba-Lawakera, Road, District Jashpur (C.G.)" on 25.01.2025, in compliance of order dated 08.01.2025 whereby this Hon'ble Court appointed the undersigned Court Commissioner to ascertain the exact situation of the road which are stated to have been repaired by the state authorities, and further ordered to submit a report before this Hon'ble Court. 2. That the above order was passed by this Hon'ble court due to affidavit and counter affidavit filed by the respondents and the contradictory to each other. petitioner, which were 3. That on 25.01.2025, undersigned Court Commissioner visited the "Lailunga-Kotba-Lawakera, Road, District-Jashpur (C.G.)" and conducting the inspection and following are the observation & finding of the undersigned which would be relevant to decide and ascertain actual & the exact situation of the road. The following report places on record the observations and findings of the Court Commissioner for the kind perusal of this Hon'ble Court: I. That it is not disputed by either of the parties the work-contract was issued construction of "Lailunga-Kotba-Lawakera, Road, on 11.10.2021 for District- Jashpur (C.G.)" (hereinafter referred as "road in question which is 44.40 KMs. But only 39.60 KMs. was to be constructed/upgraded as per Tender notification. A Bar-chart showing the actual break-down of work to be done by the contractor as per the tender- agreement was also produced before the undersigned to demonstrate the work which has been carried out. That same 5 was inspected during the visit of 44.40 Kms by the undersigned. A copy of the bar-chart is annexed herewith and marked as ANNEXURE C/1. II. That the above work was completed and completion certificate was issued on 30.06.2023 by the respondents' authorities to the contractor, which is already a part of respondent's affidavit. III. That while carrying out the inspection few facts which were brought to the knowledge of the undersigned would be relevant to bring before this Hon'ble Court is that; a. In the year 2017 inspection was carried out by the Public Works Department for proposing the construction of road in question as per the condition of the road and issue work according to condition and budget. b. The work order was issued in the year 2021 which means that the inspection and condition of the road already undergone 3 years of further usage by this time. c. That the above work-order was supposed to be completed within 12 months but completion certificate was issued on 30.06.2023, but the extension authorities. was given by the respondent. d. That out of actual 44.40 KMs of road in question, only 39.60 KMs was constructed/upgraded. IV. That during the visit and inspection it was found that 6 certain damaged part of the road in question was already repaired. The only patches of road which were not in good condition are the portion for which Tender was not issued. Copy of the photographs are annexed herewith and marked as ANNEXURE C/2. (Colly) V. That it would be relevant to mention here that in respect of the left-out patch of the road in question the authorities present on spot had informed that a fresh tender for these left-out work is issued and a copy of same was also provided. Copy of the order for work allotment is annexed herewith and marked as ANNEXURE C/3. VI. That it is an observation by the undersigned that the road in question has patch works which are also not disputed by the respondents in their affidavit, VII. That the counter affidavit filed by the petitioner dated 02.01.2025 alleged that quality of the road in question is not upto the mark and the reason for damages of road in question given by the respondent authorities is not justifiable, to which the undersigned is not expert to give any comment with respect to the quality of the road. But while visit & inspection it was found that the road in question was, though had patch works but was in a good condition. 4. That after the visit and inspection carried out it can be said that repair/patch work has certainly done by the State authorities, and those are in good condition as on day of the visit, i.e. 25.01.2025.” 4. It is stated by learned Court Commissioner that the road in question, for which the present PIL has been filed, has already been repaired. 7 5. Learned Advocate General has pointed out towards para 4 at page 3 of the affidavit filed by petitioner No.1-Foolchand Ram dated 2.1.2025 and para 9 at page 3 of the affidavit filed by petitioner No.2-Ranjan Manjhi dated 24.01.2025. 6. Perusal of the averment made therein goes to show that the language which has been used is not a befitting one and when the same was pointed out to learned counsel for the petitioners, he has apologized on behalf of his clients. 7. In view of inspection report submitted by learned Court Commissioner, the present writ petition (PIL) stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu