IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA th ON THE 17 OF FEBRUARY, 2024 WRIT PETITION No. 3157 of 2024 BETWEEN:-

SHAHSIKANT SIRBAIYA S/O KRISHNA KUMAR SIRBAIYA, AGED ABOUT 38 YEARS, OCCUPATION: BUSINESS R/O NAGANDEVI THANA DHUMA TEHSIL LAKHNADON DISTRICT SEONI (MADHYA PRADESH)

.....PETITIONER (BY SHRI SUMIT KANOJIYA - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH ITS COLLECTOR NARSINGHPUR DISTRICT NARSINGHPUR (MADHYA PRADESH)

2. CHIEF EXECUTIVE OFFICER ZILA PANCHAYAT NARSINGHPUR DISTRICT NARSINGHPUR (MADHYA PRADESH)

3. CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT NARSINGHPUR DISTRICT NARSINGHPUR (MADHYA PRADESH)

4. ASSISTANT ENGINEER JANPAD PANCHAYAT NARSINGHPUR TEHSIL NARSINGHPUR DISTRICT NARSINGHPUR (MADHYA PRADESH)

5. SUB ENGINEER SECTOR GORAKHPUR JANPAD PANCHAYAT NARSINGHPUR DISTRICT NARSINGHPUR (MADHYA PRADESH)

6. DEEPAK MADI S/O DINESH MADI OCCUPATION:

SARPANCH R/O GRAM NARIYA (KHAMARIYA) GRAM PANCHAYAT KHAMARIYA TEHSIL AND DISTRICT (MADHYA PRADESH)

7. RAJKUMAR RAJGAUD S/O SHRI RAGHUWAR RAJGAUD OCCUPATION: SECRETARY GRAM PANCHAYAT KHAMARIYA R/O GRAM DHARIA Signature Not Verified Signed by: VINAY KUMAR POST GORAKHPUR TEHSIL AND DISTRICT (MADHYA PRADESH)

8. DINESH KUMAR MEHRA S/O KOMAL PRASAD MEHRA OCCUPATION: ROJGAR SAHAYAK GRAM PANCHAYAT KHAMARIYA POST GORAKHPUR TEHSIL AND DISTRICT (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULI - DEPUTY ADVOCATE GENERAL)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition under Article 226 of Constitution of India has been filed seeking following relief:-

"(i) That the Honble court may kindly be pleased to issue writ in the nature of Mandamas directing the respondent after assessment of the work to release the payment of the petitioner which the petitioner is entitle.

(ii) Direct to the respondent no 2 to Decide the representation to the petitioner.

(iii) Direct the authority to pay the balance amount to the petitioner along with the interst @20% Pa from the date of allotment of work (iv) Direct the authority to appoint the commissioner to assessment the work done by the petitioner and measurement should be done using level by machine and commission take the decision after assessed the work and to pay the money to the petitioner after assessment.

(v) Necessary action be taken against the responsible officer who have deliberately and malafidely failed to take any legal action in collusion' with other person who violate the settled principles of law.

(vi) Any other relief/order or direction, as this Hon'ble Court deems fit may also be granted."

2. Considered the submissions made by counsel for petitioner.

3. There appears to be some dispute and accordingly, the petitioner has Signature Not Verified Signed by: VINAY KUMAR an efficacious remedy of approaching the Madhyastham Tribunal under Section 7 of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 as this Court in exercise of power under Article 226 of Constitution of India cannot decide the disputed questions as well as cannot exercise its power for specific performance of contract.

4. Accordingly, with liberty to petitioner to approach the Tribunal under the Madhyastham Adhikaran Adhiniyam, the petition is dismissed (G.S. AHLUWALIA)

JUDGE VB*

Signature Not Verified Signed by: VINAY KUMAR