Awdhesh Singh Gautam vs. State Of Chhattisgarh
Facts
The petitioner, Awdhesh Singh Gautam Class-A Contractor, filed a writ petition challenging an order dated 03.09.2025 passed by the Chief Engineer, National Highway Zone, PWD, Raipur, which disqualified the petitioner's contract. The petitioner also sought a writ of Mandamus to direct the respondents (State of Chhattisgarh and its officials) to release the balance amount of Rs. 47,08,253/- towards an approved Second Running Bill, along with applicable GST and statutory dues. Additionally, the petitioner prayed for the release of unpaid amounts towards Security Deposit and Performance Guarantee. The petition was heard by the High Court of Chhattisgarh at Bilaspur.
Held
The Court did not decide the substantive issues raised by the petitioner. After hearing arguments from both sides, the learned counsel for the petitioner sought permission to withdraw the present petition. The Court granted this permission and dismissed the petition as withdrawn. The petitioner was granted liberty to take recourse to law before the appropriate forum. Therefore, no findings were made on the legality of the disqualification order, the entitlement to the balance payment, or the release of security deposits and performance guarantees. The operative direction was to dismiss the petition as withdrawn with liberty to pursue other remedies.
Key Issues
1. Whether the order dated 03.09.2025 passed by the Chief Engineer, National Highway Zone, PWD, Raipur, disqualifying the petitioner's contract, is legally sustainable? (Question of law). The petitioner argued that the disqualification order was arbitrary and sought its quashing. The respondents' arguments on this issue are not recorded. 2. Whether the petitioner is entitled to the release of the balance amount of Rs. 47,08,253/- towards the approved Second Running Bill, along with applicable GST and statutory dues? (Question of mixed law and fact). The petitioner contended that this amount was due and payable. The respondents' arguments on this issue are not recorded. 3. Whether the petitioner is entitled to the release of unpaid amounts towards Security Deposit and Performance Guarantee? (Question of mixed law and fact). The petitioner claimed these amounts were lawfully due and payable. The respondents' arguments on this issue are not recorded.
AI-generated summary — verify with the full judgment below
1
2026:CGHC:2378-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 169 of 2026 1 - Awdhesh Singh Gautam Class-A Contractor, Nakulnagar, Dantewada, Chhattisgarh Through Authorized Siganatory Mr. Abhishek Singh - Director, S/o Awdhesh Singh Gautam, Aged About 32 Years, R/o Nakulnagar, Dantewada, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Principal Secretary, Public Works Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur Chhattisgarh 2 - Engineer-In-Chief Public Works Department, Nirman Bhawan, Atal Nagar, Nava Raipur Chhattisgarh 3 - Chief Engineer Pwd Bastar Zone, Jagdalpur District- Bastar At Jagdalpur (C.G.) 4 - Superintending Engineer Pwd Bastar Circle, Jagdalpur District- Bastar At Jagdalpur (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Kishore Bhaduri, Sr. Advocate along with Mr. Harsh Dave and Amitesh Yadav, Advocate. For Respondent/State : Mr. Praveen Das, Addl. Advocate General. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per
Ramesh Sinha, Chief Justice
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