2024:CGHC:43484-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5551 of 2024 M/s Shreeji Build Project A Partnership Firm At 28, State Bank Colony, Sunder Nagar, Raipur 492013 Through Its Partner Sanjay M. Varsani ... Petitioner versus

1. State of Chhattisgarh Through The Secretary, Public Works Department, Atal Nagar, Raipur- 492001, Chhattisgarh

2. The Deputy Secretary Public Works Department, Atal Nagar, Raipur- 492 001, Chhattisgarh

3. The Engineer-In-Chief Public Works Department, Atal Nagar, Raipur- 492 001, Chhattisgarh

4. The Chief Engineer Public Works Department Bridge Zone- Raipur, Atal Nagar, Raipur- 492 001, Chhattisgarh

5. The Superintending Engineer Public Works Department Bridge Construction Circle- Raipur, Atal Nagar, Raipur- 492 001, Chhattisgarh

6. The Executive Engineer Public Works Department Bridge Construction Division- Raipur, Atal Nagar, Raipur- 492 001, Chhattisgarh

7. G.S. Express Private Limited C-877, Mahanagar, Lucknow-226

006, Uttar Pradesh ...Respondents For Petitioner : Mr. Rishabh Garg, Advocate.

Digitally For Respondents/State : Mr. Prafull N. Bharat, Advocate General, signed by BRIJMOHAN BRIJMOHAN MORLE assisted by Mr. Shashank Thakur, Deputy MORLE Date:

2024.11.11

14:00:16 Advocate General.

+0530 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

08 . 11 .2024

1. Heard Mr. Rishabh Garg, learned counsel for the petitioner. Also heard Mr. Prafull N. Bharat, learned Advocate General, assisted by Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State.

2. The present writ petition has been filed by the petitioner with the following prayers:

“10.1 The Hon’ble Court may kindly be pleased to quash the tender for the “construction of foot over Bridge (Sky Walk Bridge) on main roads of Raipur city in District Raipur (Balance Work)” floated by the respondent authorities.

10.2 The Hon’ble Court may further kindly be pleased to issue such writ/orders/direction to the respondent authorities to carry out joint-measurements with the petitioner for the material brought by it at the site in terms of Clause 14 of the Contract, which is lying at the stockyard of the respondent authorities, and make payment for the same before floating a new NIT for the balance work.

10.3 Cost of the petition may also be granted to the petitioner.

10.4 Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.”

3. Learned counsel for the petitioner submits that the present petition is being filed by the petitioner challenging the inaction and omission in the conduct of the respondent authorities to not carry out the joint- measurements of the works executed by the petitioner with respect to of “Construction of Sky Walk at Shastri Chowk Raipur (CG)” and release its legitimate dues and floating of new tender for “construction of foot over Bridge (Sky Walk Bridge) on main roads of Raipur city in District-Raipur (Balance Work)” for a probable contract value of Rs. 3131.81 lakh.

4. It is further submitted by the learned counsel for the petitioner that the works for “Construction of Sky Walk at Shastri Chowk Raipur (CG)” was awarded to the respondent No. 7, which was sublet to the petitioner herein after taking due approval of the respondent authorities. The petitioner had procured and fabricated the requisite material to execute the works under the project; however, the respondent authorities then directed the petitioner to stall the execution of the works until further orders. Pursuantly, the execution of the works has been stopped since 01.03.2019 and the material procured by the petitioner has been lying at the stockyard resulting in rusting and remaining idle and as such, the petitioner filed a writ petition bearing WPC No. 4504 of 2019 before this Court for release of balance dues and the same is pending for adjudication. He also submits that the petitioner thereafte