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2025 Supreme(Online)(Chh) 10471

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SHREE BALAJI ENTERPRISES – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC/4685/2025



2025:CGHC:44841-DB NAFR Digitally signed by BABLU BABLU RAJENDRA HIGH COURT OF CHHATTISGARH AT BILASPUR RAJENDRA BHANARKAR BHANARKAR Date:

2025.09.04

10:31:56 +0530 WPC No. 4685 of 2025 Shree Balaji Enterprises Through Its Power Of Attorney At Holder Shri Nalin Jindal Aged About 36 Years S/o Late Shri Naresh Jindal R/o Ketka Road, Ward No. 13, Surajpur, Police Station And Tehsil Surajpur, District Surajpur (C.G.) ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Department Of Tribal Welfare, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur, District Raipur (C.G.) 2 - Assistant Commissioner, Department Of Tribal Welfare, Collectorate Parisar, Raigarh, Tehsil And District Raigarh (C.G.)

... Respondent(s)

For Petitioner(s) : Mr.Pranjal Agrawal, Advocate For Respondent(s) : Mr.Prafull Bharat, Advocate General assisted by Mr.Shashank Thakur, Deputy Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

3.9.2025

1. Heard Mr. Pranjal Agrawal, learned counsel for the petitioner.

Also heard Mr. Prafull Bharat, learned Advocate General assisted by Mr. Shashank Thakur, learned Deputy Advocate General appearing for the Respondents/State.

2. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 The Hon'ble Court may kindly be pleased to call for the records of the instant case.

10.2. That, this Hon'ble Court may kindly be pleased order any appropriate Writ/Writ(s), Direction/Direction(s) directing the Respondent No. 2 to forthwith release the admitted dues of ₹16,40,913/- to the Petitioner along with the interest within a stipulated period of time.

10.3. The Hon'ble Court may kindly be pleased to grant any other Relief/Relief(s), Direction/Direction(s) in favour of the Petitioner as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

10.4. Award cost of proceedings in favour of the Petitioner.”.

3. Facts of the case are that the petitioner is a duly registered firm engaged in the business of supplying PU Foam Mattresses and Pillows. The Respondent Chhattisgarh State Industrial Development Corporation Limited (CSIDC) floated a tender for purchase of mattresses and pillows, in which the petitioner's bid was accepted, and accordingly a rate contract was granted vide memo dated 30.11.2022. Pursuant thereto, the petitioner manufactured and supplied the required materials. The supplies made by the petitioner were duly inspected by the competent authority, and not a single piece was rejected. A certificate dated 20.03.2023 was accordingly issued in favour of the petitioner. The petitioner thereafter supplied 370 mattresses to respondent No. 2, submitted bills, and prepared delivery challans confirming the supply.

4. On an application filed by the petitioner under the Right to Information Act, the respondents own records and notesheets categorically acknowledge that the petitioner has supplied 370 mattresses amounting to ₹16,69,033/-, out of which an admitted amount of ₹16,40,913/- remains payable. Furthermore, a Committee headed by the Additional Collector, Raigarh, has also recommended the release of funds including the petitioner's dues. It is also pertinent that in the case of a similarly situated supplier, this Court, in WPC No. 2031 of 2024, vide order dated 23.07.2024, directed the authorities to release the bill amount within eight weeks, failing which the payment would carry 6% interest per annum. The respondent authorities have complied with the said order and released the payments of those suppliers who had approached this Court. However, the petitioner's name appears at serial No. 5 of the notesheet dated 08.04.2025 as one whose payment of ₹16,40,913/- is still pending, despite the admitted liability.

5. The petitioner has also submitted several representations before respondent No. 2 seeking release of his admitted dues, but the same have not

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