2026:CGHC:5647-DB Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL Date:

2026.02.03

10:25 :56 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 421 of 2026 Rakesh Kumar Kedia S/o Dulichand Aged About 53 Years R/o 488/11, Behind Phc Hospital, Near Old Bus Stand, Korba, District - Korba, Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Its Commissioner, Tribal And Scheduled Caste Development Department, Block-D, Ground Floor, Indravati (Indrawati) Bhawan, Atal Nagar / Nava Raipur, Raipur, Chhattisgarh.

2 - Secretary / Principal Secretary Tribal And Caste Development Department (For Service On The State) Indravati Bhawan, Atal Nagar /

Nava Raipur, Raipur, Chhattisgarh.

3 - Assistant Commissioner Tribal And Welfare / Tribal Development, Department, First Floor, Collectorate Office, (Collectorate Building), Kosabadi / Korba, District - Korba, Chhattisgarh.

4 - Collector (Tribal Development) Collectorate Building, Iti Chowk /

Kosabadi, Korba, District - Korba, Chhattisgarh.

5 - Executive Engineer / Project Officer (Tribal Developmnet / Pwd)

Office At Collectorate District Works Office, Korba, (C.G.)

... Respondent(s)

For Petitioner(s) : Mr. Anshul Tiwari, Advocate For Respondent(s) : Mr. Prasoon Bhadhuri, Dy. Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

02.02.2026

1. Heard Mr. Anshul Tiwari, learned counsel for the petitioner. Also heard Mr. Prasoon Bhadhuri, learned Deputy Advocate General appearing for the Respondents/State.

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

“10.1 That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent Commissioner, Tribal and Caste Development Department,, Indravati Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh act upon the Assistant Commissioner’s letter dated 03.02.2025 (Annexure-P/1) in the interest of justice.

10.2.That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

3. The brief facts of the case are that the petitioner is a registered government contractor engaged in execution of public works and is aggrieved by the unjustified delay in release of legitimate dues arising out of a construction contract awarded by the Tribal Department, Korba, Chhattisgarh. Pursuant to a Notice Inviting Tender dated 14.02.2021 issued by the Office of the Collector (Tribal Development), Korba, the petitioner participated in the tender process and emerged as the successful bidder for the work of construction of a Post-Metric Scheduled Tribe Girls Hostel at Hardi Bazar (Pali). A work order was issued in favour of the petitioner on 10.06.2021 and a formal agreement dated 04.06.2021 was executed, whereby the petitioner undertook to execute the work for a contract price of ₹1,37,85,703/- against a sanctioned estimate of ₹1,90,70,000/-. Upon taking possession of the site, the petitioner found that the site was not levelled and required substantial additional preparation, materially affecting cost and execution. The petitioner promptly informed the respondents and sought directions and sanction for additional works necessitated due to site conditions. The petitioner completed the work faithfully and in accordance with contractual obligations, incurring excess expenditure due to unforeseen and site-specific requirements. The departmental evaluation acknowledged additional work, but payment was released only to the extent of the original contract value, leaving the excess amount unpaid. The construction was physically completed, certified, and handed over to the Department on

05.10.2023, and the Completion Certificate and Utilization Certificate were duly issued. Thereafter, the matter was referred by the Assistant Commissioner to the Commissioner, Tribal and Caste Develo