Order on Board

Per Ramesh Sinha, Chief Justice

13/05/2026

1. Heard Mr. B. P. Singh, learned counsel for the petitioner. Also heard Mr. S. S. Baghel, learned Govt. Advocate, appearing for the State.

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

“10.1. Issue an appropriate writ, order, or direction, directing the respondents the petitioner's admitted and undisputed dues amounting to 96,13,047/- (Rupees Ninety-Six Lakh Thirteen Thousand Forty-Seven only). for the work duly Completed by the petitioner;

10.2. Pass such other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

3. The brief facts of the case are that the petitioner is a proprietorship firm engaged in electrification and maintenance works under the name and style of “M/s Om Sai Refrigeration” and is duly registered as a Class “C” contractor with the Public Works Department, Government of Chhattisgarh, besides holding a valid Class “A” Electrical Licence. The respondent department issued various tenders for electrification and electrical maintenance works under Division Jagdalpur, in which the petitioner participated and was declared L-1, pursuant to which several work orders were issued in its favour. The petitioner duly completed all the assigned works within the stipulated period to the satisfaction of the competent authorities, and completion certificates as well as verification reports were also issued acknowledging completion of the works. However, despite completion and verification of the works, the petitioner’s admitted and undisputed dues amounting to Rs.96,13,047/- (Rupees Ninety-Six Lakh Thirteen Thousand Forty-Seven only) have not been released by the respondents, solely on the ground of non-availability of funds. It is submitted that the Executive Engineer, PWD Division Jagdalpur, has already sought allocation of funds from the State Government for release of the petitioner’s dues, yet no action has been taken till date. The prolonged withholding of payment since the financial years 2020-2021, 2022-2023, and 2023-2024, despite due completion and verification of the works, has caused severe financial hardship and prejudice to the petitioner, compelling him to approach this Court seeking release of the outstanding amount in accordance with law.

4. Learned counsel for the petitioner submits that the petitioner has duly completed the work assigned by the respondents to their full satisfaction and the competent authority has also acknowledged the execution of the work by issuing the necessary completion certificates. Despite the admitted and undisputed liability of Rs.96,13,047/- (Rupees Ninety-Six Lakh Thirteen Thousand Forty-Seven only), the respondents have failed to release the payment on the sole ground of non-availability of funds, which cannot be a valid justification for withholding the legitimate dues of the petitioner. The action of the respondents is arbitrary, unreasonable, and violative of Article 14 of the Constitution of India. It is further submitted that the respondents themselves have acknowledged the liability by seeking allocation of funds from the State Government, and therefore they cannot deny or indefinitely delay the payment of the petitioner’s lawful dues. The continued withholding of payment has caused grave financial hardship to the petitioner, who had undertaken substantial financial liabilities for execution of the work. In such circumstances, the petitioner has no other efficacious remedy and is constrained to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for issuance of appropriate directions to the respondents for release of the admitted outstanding amount within a stipulated period.

5. Learned counsel appearing for the respondents/State that though the work in question may have been executed by the petitioner, the release of payment is subject to verificatio