2026:CGHC:16074-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1385 of 2026

1 - Birbal Nishad S/o Uttam Nishad Aged About 38 Years, Occupation Contractor R/o Gujrati Samaj Tikrapara, Bilaspur, Distt. Bilaspur, Chhattisgarh. ... Petitioner versus

1 - State of Chhattisgarh Through The Secretary, Public Health Engineering, Department (PHED), Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Distt. Raipur, Chhattisgarh.

2 - The Mission Director Jal Jeevan Mission (JJM), Indravati Bhawan, Nava Raipur, Atal Nagar, Distt. Raipur, Chhattisgarh.

3 - The Executive Engineer and Member Secretary District Water Sanitation Mission, Public Health Engineering Department (PHED), Division Mungeli, Distt. Mungeli, Chhattisgarh.

4 - The Accountant General (Audit) Office of the Accountant General (Audit)- Vidhan Sabha, Zero Point, Baloda Bazar Road, Raipur, Chhattisgarh.

... Respondents DMAA iOg D iHt I a LAl MK y HMsi A gEN nDed by (Cause title taken from Case Information System)

D19a:t0e5: :23032 +6.00543.100 For Petitioner : Mr. Amit Kumar, Advocate For State : Mr. S.S. Baghel, Govt. Advocte.

For Respondent No.4 : Mr. J.N. Nande, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

08-04-2026

1. Heard Mr. Amit Kumar, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Govt. Advocate, appearing for the State and Mr. J.N. Nande, learned counsel for respondent No.4.

2. By this petition under Article 226 of the Constitution of India, the petitioner seek for the following relief(s):

“10.1) This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner from the possession of the respondents for its kind perusal.

10.2) That, the Hon'ble Court may kindly be pleased to quash the impugned order dated 06.12.2024 as well as the objection dated 23.04.2024 (ANNEXURE P/1) (and any subsequent directives) issued by respondent No. 2, which seeks to unilaterally revise the contract rates ₹ 1,871 per FHTC based on an internal audit observation.

10.3) That, the Hon'ble Court may kindly be pleased to quash the letter dated 24.03.2025 (ΑNNEXURE P/2) as well as directing the Respondent No. 3 to immediately release all outstanding payments for the 70% Physical Completion as already recorded and verified, without any illegal deductions. De-linking 30% from HGJ Certification and also directing the Respondents to release the final 30% installment upon technical completion and commissioning by the Department, declaring that the Petitioner's payment cannot be made contingent upon the "Har Ghar Jal" certification ог administrative handover to the Gram Panchayat, as these are third-party administrative acts beyond the Petitioner's control.

10.4)Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.”

3. The brief facts as mentioned in the petition are that, the Petitioner is a registered Class ‘C’ contractor with the Public Works Department (PWD), Chhattisgarh (Registration No. CGeR21057), carrying on business as a sole proprietor. During 2022–2023, Respondent No. 3 invited tenders for execution of Piped Water Supply Schemes under the Jal Jeevan Mission, pursuant to which the Petitioner was awarded multiple contracts after due technical and financial evaluation. Formal agreements bearing Nos. 53/DL/2022-23, 215/DL/2022-23, 168/DL/2022-23, 15/DL/2023-24, 16/DL/2023-24, and 17/DL/2023-24 were executed, clearly stipulating the Schedule of Rates (SOR), tender premium, and scope of work. The Petitioner duly executed the works in accordance with the agreements, and upon completion, submitted Running Account (RA) bills, which were verified through Measurement Books (MB) and partially paid, thereby acknowledging satisfactory performance. However, on 23.04.2024, an internal audit conducted by Respondent No. 4 raised an objection regarding t