2025:CGHC:59119-DB Digitally signed by ANURADHA NAFR ANURADHA TIWARI TIWARI Date:

2025.12.06

11:16:25 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2116 of 2025 Dinesh Kumar S/o Shri Devendra Aged About 55 Years R/o Shanti Nagar, Hardi Bazar, Korba District- Korba (C.G.)

... Petitioner versus

1 - State of Chhattisgarh Through The Secretary, Public Health Engineering Department, Mantralaya Naya Raipur (C.G.)

2 - The Engineer-In-Chief Public Health Engineering Department, Indrawati Bhavan Atal Nagar, Raipur (C.G.)

3 - The Chief Engineer Public Health Engineering Department, Bilaspur Zone District Bilaspur (C.G.)

4 - The Executive Engineer And Member Secretary District Water And Sanitation Mission, Public Health Department, Bilaspur (C.G.)

5 - The Executive Engineer And Member Secretary District Water And Sanitation Mission, Public Health Department, District - Gaurella-

Pendra-Marwahi (C.G.)

6 - The Executive Engineer Public Health Engineering Section, Gaurella-Pendra-Marwahi (C.G.)

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

For Petitioner : Mr. Topilal Bareth, Advocate For Respondents : Mr. Shaleen Singh Baghel, Deputy Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

05 .12.2025

1. Heard Mr. Topilal Bareth, learned counsel for the petitioner as well as Mr. Shaleen Singh Baghel, learned Deputy Government Advocate, appearing for the State/respondents.

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

“10.1 That the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioners as the impugned communication dated 19.02.2024 has not been communicated to the petitioner.

10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and quashed the impugned communication dated

19.02.2024 (Annexure P/1).

10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the respondent No. 4 to 6 to release the entire pending amount of work completed by the petitioner as per the work agreement along with interest.

10.4 Any other relief/reliefs which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be granted.”

3. The petitioner is the proprietor of M/s Dinesh Kumar and has been undertaking various works relating to providing, laying, jointing, testing and commissioning of pipes, valve specials and all fittings, including all allied civil works, in individual households as well as Government institutions. Respondent No. 4 invited tender NIT No. 130/DWSM/2021 dated 16.08.2021 for providing, laying, jointing, interconnection, testing and commissioning of 63 mm to 75 mm HDPE Pipe (Class–6 Kg/cm², PE–100, PN–6), 65 mm GI Pipe, value specials and all fittings, along with allied civil works for Household Tap Connections (FHTC) in various villages under the Jal Jeevan Mission for Block Marwahi, District Gaurella-Pendra- Marwahi. The contractual period was six months, excluding the rainy season.

4. The petitioner participated in the tender process and his bid was accepted. A contract agreement (No. 108/DL/2021-22) was executed, which was communicated to the petitioner on 29.10.2021, for a contract value of ₹70,01,000/-. Upon substantial completion of work, the petitioner submitted a letter to the Executive Engineer on 04.08.2022 seeking a certificate of successful execution. However, the Executive Engineer orally informed that some work was pending, whereafter the petitioner applied for extension of time on 02.12.2022. The Assistant Engineer extended the completion period till 28.01.2023, recording that 80% work had already been completed after due verification. The petitioner completed the remaining work within the extended period and sought release of the pending amount on 20.03.2023. The completion of work was further authenticate