C^-(^^_ IN THE HIGH COURT OF CHHATTISGARH AT BILA^PUR WRIT PETITION fSjeyvt6eMatterl No. /2010 ^^ipfO -S^^ [^G\'6 PETITIONER: M/s. Yasini Construction Company, A- IV Class Contractor, Ali Manzil, Rani road, Korba, Tahsil 8& District: Korba, Chhattisgarh. Through: its Managing Partner: Saiyyad Furqat Ali Ja.sm^/0 Late Haji Masru Hussain^^/o^House No.285, Ward No.l, BehinU Middle School, Yasini Manzil Chowk, Ramsagarpara, Korba, Tahsil & District: Korba, Chhattisgarh. VERSUS RESPONDENTS: ^/^,4/ ^M^ .w ^-'^ ^y y <f ^:"' ^r 01. State of Chhattisgarh through its Secretary, Water Resource Departraent, Mantralaya, Dau Kalyan Singh Bhawan, Raipur, Chhattisgarh. O2."0fficer on Special Duty, Water Resource Department, Raipur, Chhattisgarh. 03. Engineer-in-Chief, Water Resource Department, Raipur, Chhattisgarh. ^-^ 04. Chief Engineer, Mininiata (Hasdeo) Bango Project, Bilaspur, Chhattisgarh. r-_ . _ „ . 05. Superintending Engin§er, Minimata Bango Barrage Bwi^ififf^^ECharsia, Dist: Janjgeer-Champa, Chhattisgarh. <--' 06. Executive Engineer, Minimata Canal Division No.3 Sakti, Dist: Janjgeer- Champa, Chhattisgarh. 07 Sub Divisional Officer, Hasdeo Canal Sub Division, Jaijaipur, Dist: Janjgeer- Champa, Chhattisgarh. WRIT PETITION U/A 226 OF THE CONSTITUTION OF INDIA. I ^s""-. HI^H COURT OF CHHATTISeARH AT BILASPUR &IVISION BENCH: HON'BLE MR. I.M.QU&&USI B HONeBLE MR. PMSH^NT KUM^ MISHM. JJ. W.P. (O N0.5626/2010 PETITIONER RESPONDENTS Vs M/s Yasini Construction Company. Korba State of C.6. <& others Pr@s@t8ts Mr. Rajkamat Singh, Advocate for the petitioner. Mr. U. N.5. Deo/ 60vt. Advocate for the State. OML JUD^MENT (passed on 10th Jonuary, 2011) I.M. Quddusi. J: 1. Heard on admission. 2. By wayof the instant writ petition the petitioner has prayed for following substantial reliefs:- "10.1 This Hon'ble Court may please be kind ©noughin directing the respondents to immediately release the payment against final measurement as per departments' Agenda note, proposal & recommendation vide their endorsement letter dated 31.7.2009 i.e. Annexure P-4 to the petition. 10.2 The respondent may please be directed to pay commercial interest ©24% per annum on the amount payable to the petitioner on the basis of the find measurement dated 08.04.2002 taken bythe respondent department. 10.3 The respondents may please be cfirected to waive the eiigibility & expehence criteria for petitioner firmQnd ailow the petitioner firm to participate in tenders avdlable to Class IV contractors." 3. Eariier also the petitioner has filed a writ petition bearing W.P. No.1590/06 before this Court and in which the iearned counsel appearing ^ll^ "j ^SS'^€, ,^R:..^&^ A ''^ K%' 'Y ^p^' <^al. for the State has submitted that pursuant to letter dated 8.4.2002 the final measurement has been duly taken and the same has been accepted by the petitioner on 24.7.2002 and subsequent decision has been taken aft-er having taken final decision. In view of the submissions made by learned counsel for the State, the Court has disposed ofthe writ petition vide order dated 21.11.2007 observing that it is expected aft-er taking final measurement, pursuant to the order dated 8.4.2002, the State would take consequential steps, if not already done. 4. It appeors that final measurementwas taken and informed to the State &overnm€nt by the Executive Engineer, AAinimata Bango Canal Division No.3, Sakti, District Janjgir-Champa vide letter dated 31.7.2009, but no final decision has been taken so far. Therefore, we are inclined to dispose of this w/rit petition with a direction to the respondents that in view of the order passed by this Court in W.P. No.1590/06, the respondent No.6- Executive Engineer, if not already forwarded, shall forvi/ard the copy of Agenda Note with the recommendations to the competent authority and the undisputed amount due to the petitioner shall be paid to the petitioner, However, if no dedsion has been taken to theeffect that as to w/hat amount should be admitted by the State &overnment, a decision shati be taken as ecirly as possibie and payment of admitted7undisput€d amount shalt be made to the petitioner by 15 F@bru®ry.2011. 5. Itis made clear that we have been persuaded to pass this order on the ground that the senior partner of the petitioner firm, who is iitigating since the year 2006 for his own money, is in urgent need of money for his treatment as he is suffering from Brain Tumor. 6. Subject to above observations, the writ petition is disposed of.No order as to costs., Roshan/- Sd/- I.M. Quddusi Judge Sd/- Prashant Kumar Mishra Judge