2026:CGHC:20397-DB ALOK SHARMA Date: 2026.05.05 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4471 of 2019

1 - Banshidhar Gupta S/o Late Shri Mohan Sao Aged About 63 Years Occupation Contractor, Ward No. 9, Main Road, Balrampur, District Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Its Secretary, Department Of Rural Engineering Service, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2 - Executive Engineer Rural Engineering Service, Balrampur Division, District Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh

3 - Collector District Balrampur Ramanujganj Chhattisgarh., District :

Balrampur, Chhattisgarh

4 - Chief Executive Officer District Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh

5 - Chief Executive Officer Zila Panchayat, District Balrampur, Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. K. R. Nair, Advocate.

For Respondent/State : Mr. Shashank Thakur, Dy. Advocate General.

For Respondent No. 5 : Mr. Rakesh Kumar Jha, Advocate.

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

Order on Board

Per Ramesh Sinha, Chief Justice

01/05/2026

1. Heard Mr. K. R. Nair, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate Geneal, appearing for the State, Mr. Rakesh Kumar Jha, learned counsel for the Respondent No.5.

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 be pleased to direct the respondents to make payment of Rs.6.09 lacs for the work executed by petitioner and certified by the respondents in Measurement Book with interest thereon till the date of payment.

10.2. This Hon'ble Court may be pleased to award cost of the litigation from the respondents.

10.3. This Hon'ble Court may be pleased to issue any other appropriate orders or directions in favour of the petitioner and against the respondents in the interest of justice.”

3. The brief facts of the case are that the petitioner was awarded a contract on 15.12.2016 by the Executive Engineer, Rural Engineering Service (RES), Balrampur for construction of a boundary wall at Pahadi Korva Aashram, Bhelwadih, valued at Rs.12.28 lacs, which he completed on 17.09.2017 within the stipulated time to the satisfaction of the authorities. The work executed by the petitioner, valued at Rs.11,59,288/-, stands duly recorded and certified in Measurement Book (MB No. 576) maintained by RES officer. However, despite such certification, the petitioner was paid only Rs.5,16,140/- under the head of “supply of materials,” though he neither received any such work order nor supplied any materials. It is the petitioner’s case that thereafter the entries in the Measurement Book were tampered with by unauthorisedly scoring out his name and inserting the name of Gram Panchayat Bhelwadih without any approval or attestation, and on that basis payments were allegedly diverted to the said Panchayat, which had not executed the work. The petitioner made several representations and also issued a legal notice, but no relief was granted; rather, the authorities took a stand that the work was executed by the Panchayat, whereas the Executive Engineer, RES, in his communications, confirmed that the work was executed under RES supervision and that the change of executing agency was unauthorized, thereby depriving the petitioner of his legitimate dues, compelling him to file the present petition.

4. Learned counsel for the petitioner submits that The petitioner respectfully submits that he was duly awarded the contract for construction of the boundary wall by the competent authority of the Rural Engineering Services (RES), Balrampur, and executed the entire work within the stipulated period to the full satisfacti