The High Court will not entertain writ petitions regarding contractual disputes involving complex factual issues such as work progress or site hindrances, especially when an effective alternative remedy like arbitration exists and the administrative action is not patently arbitrary.

Order on Board

Per Ramesh Sinha, Chief Justice

09/04/2026

1. The petitioner has filed the present writ petition challenging the order dated 11.02.2026 (Annexure-P/1) and order dated 30.12.2025 (Annexure-P/15) issued by the Respondent No. 7, also claiming for restoration of an agreement and quashing of fresh NIT issued by the Respondent No. 3, and prayed the following relief in the writ petition:-

“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record from the respondents' authorities pertaining to the case of the petitioner.

10.2 That this Hon'ble Court may kindly be pleased to quash/set aside impugned orders dated 11.02.2026 (Annexure P/1) and order dated 30.12.2025 (Annexure P/15) issued by respondent no. 7, in the interest of justice.

10.3 That this Hon'ble Court may kindly be pleased to quash/set aside impugned notice inviting tender (Annexure P/17) issued by respondent no. 3 and its subsequent proceedings, in the interest of justice.

10.4 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to restore the agreement (Annexure P/8) and work order (Annexure P/9) and also to extend the due date mentioned therein as this Hon'ble Court may deem fit, in the interest of justice.

10.5 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deem fit and appropriate, in favor of petitioner, in the interest of justice.

2. The subject matter, in brief, is that the petitioner firm is Class- A contractor and eligible to participate in tenders for five years from the date of issuance of his certificate issued by the Engineer In Chief (PWD), C.G. Respondent No. 3 issued an NIT No. 060/TC/24-25 for strengthening work of Tara- Prem Nagar, Ramanuj Nagar- Krishnapur Road, Length – 27 km. District Surajpur with the (Work code- W 25918). The petitioner was declared as L1, and an agreement was executed between the petitioner and the Respondent No. 7, and he was allowed to start work there. The work order was also issued on 19.11.2024 for the aforesaid work, for the duration of work of 18 months. The total cost of work was Rs. 5076.94 lakhs. The petitioner had also submitted the bank guarantee of Rs. 2,52,86,983/- issued on 18.11.2024, and has also submitted the bank guarantee for Additional Performance Security Deposit. The petitioner prepared another bank guarantee amounting to Rs. 2,53,84,000/- issued on 12.03.2025 for mobilization advance, however, the said bank guarantee was revoked by the petitioner, and afresh bank guarantee was prepared by him on 23.09.2025. After issuance of work order, the petitioner started the work of strengthening the aforesaid road under the terms and conditions of the agreement, and raising running bills on regular monthly basis. However, due to inaction of the respondent authorities, the running bills were not realized within the stipulated time, and the work was adversely affected. The subject work falls and goes through the residential areas, and the residents of various places started creating hindrance because of their nuisance, the progress of work was affected, and the petitioner was facing difficulties of smooth working for various reasons like nuisance, pipeline and poles standing on the roads. He made several representations to the authorities concerned for clearance of the aforesaid difficulties, also prepared for release of the running bills within the prescribed time, but his representation had not been given any heed, and the position remained as itself. The resp