2025:CGHC:47107-DB Digitally NAFR signed by ANURADHA ANURADHA TIWARI TIWARI Date:

HIGH COURT OF CHHATTISGARH AT BILASPUR

2025.09.16

10:32:01 +0530 WPC No. 4836 of 2025 Ashok Kumar Mittal S/o P.L. Mittal Aged About 59 Years Occupation A Class Contractor R/o Hig - 2 M.P. Nagar, Niharika Road Korba District-

Korba (C.G.) ... Petitioner versus

1 - State of Chhattisgarh Through Secretary, Department of Housing And Environment, Mahanadi Bhawan, Mantralaya, Post And P.S. Mandir Hasaud, District - Raipur (C.G.)

2 - Raipur Development Authority Through Chief Executive Officer, Bhakt Matakarma Commercial Complex New Rajendra Nagar Raipur District - Raipur (C.G.)

3 - Chief Engineer Raipur Development Authority Raipur District -

Raipur (C.G.)

... Respondents (Cause-title taken from Case Information System)

Order on Board

Per Ramesh Sinha , Chief Justice

15.09 .2025

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

Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing on behalf of the State/respondent No.1 as well as Mr. Animesh Tiwari, learned counsel appearing for respondents No.2 and 3.

2. Although the matter has been listed on I.A. No.02, an application for exemption from filing the typed copies of certain documents/annexures as well as on admission, with the consent of the learned counsel appearing for the parties, the matter is heard finally, particularly on the issues of termination and blacklisting.

3. The present petition has been filed by the petitioner with the following relief(s):-

“10.1 That this Hon'ble Court may kindly pleased to call the entire records.

10.2 That this Hon'ble Court may kindly pleased to set-aside/quash the impugned orders dated (Annexure P-1) 08/07/2024 and 08/08/2024 (Annexure P-2) passed by the Respondent No. 2/ Chief Executive Officer, Raipur Development Authority.

10.3 That any other relief which this Hon'ble court may deem fit and just in the facts and circumstances of the case.”

4. Brief facts of the case, are that the petitioner is an ‘A’ Class contractor, duly registered with Unique Identification Number CGeR017074. Respondent No.2 initiated a project for construction of 253 EWS (2BHK) row houses at Kamal Vihar, for which NIT No.85 dated 22.12.2018 was issued amounting to ₹1970.01 lakhs. The petitioner participated in the tender process, was declared L-1, and thereafter an agreement bearing No.1384 along with the work order was executed on 07.03.2019. The petitioner commenced the work, however, despite repeated requests, the respondents failed to release payments within the stipulated time and instead issued letters alleging slow progress of work. Subsequently, on 30.11.2023, the respondents terminated the work order without granting any opportunity of hearing. Thereafter, the petitioner, by letter dated 24.06.2024, requested the release of his final bill of ₹3,46,00,000/- and refund of security deposit of approximately ₹35,58,550/-, but no payment was made. On 08.07.2024, the respondents again terminated the contract and further debarred the petitioner from participating in future tenders for two years. The petitioner replied on 13.07.2024, challenging the termination and blacklisting, and also invoked the arbitration clause, but no heed was paid. Despite sending repeated reminders dated 09.08.2024, 10.09.2024, 02.10.2024 and 06.02.2025, the respondents neither finalized the Joint Measurement Records (JMR) nor released the due payments. In the meantime, the petitioner came to know that the same work was allotted to third parties without settling his claims or certifying the work already completed. The respondents kept giving false assurances of withdrawing the order of blacklisting, but no relief was granted. There is no claus