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WPC No. 6605 of 2025

2025:CGHC:61791-DB

SOURABH

BHILWAR

Digitally signed by NAFR

SOURABH

BHILWAR

Date: 2025.12.19

16:01:55 +0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 6605 of 2025

M/s R.D. Construction, A Sole Proprietorship Firm Having Its Office Qtr.

No. Tulip - 353 A - Block, International Coloney, Talpuri, Bhilai, District -

Durg (C.G.), Through Its Owner, Smt. Ranjana Dhakate, W/o Shri D.

Dhakate, Age About 49 Years, R/o Qtr. No. Tulip - 353 A - Block,

International Coloney, Talpuri, Bhilai, District - Durg (C.G.)

... Petitioner

versus

1 - Union Of India Through Its Secretary Ministry Of Jal Shakti/

Department Of Drinking Water And Sanitation, Cr Section, Room No.

224, Shram Shakti Bhawan, Rafi Marg, New Delhi, New Delhi - 110001

Water Resources Department

2 - State Of Chhattisgarh Through Secretary, Ministry Of Public Health

Engineering Department, Mantralaya, Mahanadi Bhawan, Nava Raipur,

District - Raipur (C.G.)

3 - Mission Director Jal Jeevan Mission, Neer Bhawan, Civil Lines,

Raipur, District - Raipur (C.G.)

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WPC No. 6605 of 2025

4 - Collector/ President District Water And Sanitation Mission (Dwsm),

Public Health Engineering Division, District - Mahasamund (C.G.)

5 - Executive Engineer/ Member Secretary District Water And Sanitation

Mission (Dwsm), Public Health Engineering Division, District -

Mahasamund (C.G.)

... Respondents

(Cause title is taken from CIS)

For Petitioner : Mr. Mahesh Mishra, Advocate

For Respondents/ UoI : Mr. R.K. Mishra, DSGI

For Respondents/ State : Mr. Praveen Das, Dy. Advocate General

Hon'ble Shri Ramesh Sinha, Chief Justice

Hon'ble Shri Bibhu Datta Guru , Judge

Judgment on Board

Per Bibhu Datta Guru, Judge

19.12.2025

1. By way of this writ petition, the petitioner has prayed for the

following reliefs:-

“10.1) That, this Hon'ble Court may kindly be pleased to

issue appropriate writ/writs to direct the respondent

authorities to make full payment of amount of the bills

presented by the petitioner against the work done with

interest, within the stipulated period of time as Hon'ble

Court may prescribed for it.

10.2) Any other relief, including the cost of this petition,

as it appears to be fit and appropriate to this Hon'ble

Court be granted.”

2. (i) Facts of the case, in brief, are that the petitioner, a successful

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WPC No. 6605 of 2025

bidder under the Jal Jeevan Mission for construction of water

supply systems in Villages Achholi, Soram and Paraskol, District

Mahasamund, duly completed 50% of the contracted work within

the stipulated period in terms of the tender conditions. Despite

such completion, the respondent authorities failed to release the

corresponding payment. Instead, respondent No.3 issued an

office order dated 14.11.2023 alleging violation of Para 2.085 of

the Works Department Manual on the ground of an alleged

relationship of the petitioner with the then Executive Engineer,

which provision neither bars participation of relatives in the

tender process nor imposes any disclosure obligation upon the

bidder, and in any event does not cover the petitioner’s

relationship.

(ii) Despite repeated representations and directions from higher

authorities, including a letter dated 26.04.2024 and an inspection

report dated 08.01.2025 certifying satisfactory work and

recommending release of payment, no amount has been paid to

the petitioner. The District Water and Sanitation Mission also

accorded unanimous approval for payment of 50% of the bills,

and respondent No.5 even sought release of funds amounting to

Rs. 44.18 lakh; however, the respondents have arbitrarily

withheld payment for over 18 months. The continued non-

payment, based on oral directions allegedly issued by

respondent No.3 to stop payments in running water schemes,

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WPC No. 6605 of 2025

despite completion of work and issuance of completion

certificates, is arbitrary, unreasonable and without any legal

justification. The petitioner has thus been subjected to mental

and financial harassment, leaving no other option but to

approach this Court. Hence, the present p