2025:CGHC:59432-DB NAFR ROHIT KUMAR HIGH COURT OF CHHATTISGARH AT BILASPUR CHANDRA Digitally signed by ROHIT KUMAR WPC No. 4120 of 2025 CHANDRA Sachdeva New Pt College Through Its Director Manish Mayank Alias Mayank Jain S/o Punam Chand Jain Aged About 45, Years Officer Address I I I , Floor B.S. Plaza Dayalband Bilaspur (C.G.)

... Petitioner versus

1 - The State Of Chhattisgarh Through The Secretary Department Of Secretary Department Of Tribal Welfare Mahanadi Bhawan Mantralaya Nawa Raipur Atal Nagar Raipur (C.G.)

2 - Tribal Welfare Department Through Its Collector, Korea District-

Korea Chhattisgarh

3 - The Collector Korea District- Korea Chhattisgarh

4 - Assistant Commissioner Tribal Welfare Department District- Korea Chhattisgarh

5 - Mr. L.R. Kurrey Then Assistant Commisoner Tribal Welfare Department Korea District- Korea Chhattisgarh

6 - Shri Narendra Kumar Dugga The Then Collector, Tribal Welfare Department District- Korea Chhattisgarh Mr. L.R. Kurrey Then Assistant Commissioner Tribal Welfare Department Korea District- Korea Chhattisgarh Currently Posted As Commissioner Sarguja Division ... Respondents For Petitioner : Ms. Khushboo Dua, Advocate For Respondent No.1 to 4/ : Mr. Shashank Thakur, Dy. Adv.

State : General For Respondent Nos.5 & 6 Mr. Anil S. Pandey, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

08 . 12 .202 5

1. Heard Ms. Khushboo Dua, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State/respondent Nos. 1 to 4 and Mr. Anil S.

Pandey, learned counsel, appearing for respondent Nos. 5 & 6.

2. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following reliefs :

“10.1. That, this Hon'ble Court may kindly be pleased to call for records pertaining to the case of the petitioner.

10.2. That, this Hon'ble Court may be pleased to hold and declare that the Respondent State has no power or authority to conduct an inquiry at this stage as has been conducted to the subject cause.

10.3. That, this Hon'ble Court may kindly be pleased to issue appropriate Writ, orders or direction to set aside the Inquiry dated 16.04.2024 and Inquiry Report dated 16.04.2024 (Annexure P/1) and direct the respondents to comply with the final payment. already admitted by the respondent Assistant Commissioner vide Annexure P/6.

10.4. That, this Hon'ble Court kindly be pleased to issue appropriate writ/order/direction to quash/set aside communication dated 22.04.2024 (Annexure P/1) up to the extent of non-payment of full amount as admitted i.e. 95,44,500/-.

10.5. That, this Hon'ble Court my further be pleased to direct the Respondent No. 3 to pay remaining principal amount of Rs 48,40,425 / as well as interest amount at 18% per annum to the petitioner.

10.6.That, the Hon'ble Court may be pleased to grant other relief in favour of petitioner, which may deem fit in the given facts and circumstances of the case, in the interest of justice.”

3. Brief facts of the case are that in order to provide free of cost coaching to the aspiring students preparing for various competitive examinations, a scheme was formulated by the State Government and it was decided that the expense of the said coaching shall be borne from the funds of the District Mineral fund. Pursuant to the said scheme NIT was issued on 24.07.2017 inviting application from the concerned agency and thereafter an amendment notification was also issued on 28.08.2017 and the scope of the work was widened because earlier it included only coaching for PET, PMT and PAT, whereas later on the coaching for Railway, Banking, SSC and PSC was also included. The petitioner firm being successful bidder was awarded the work and an agreement was executed between the then Collector, District Korea and the petitioner firm for the said work on 28.02.2018 and the petitioner carried out the coaching work for