IN THE HIGH COURT OF MADHYA PRADESH

BENCH AT GWALIOR
W.P. NO. /2022

PETITIONER : M/s Aashirwad Enterprises

Versus
RESPONDENTS : The State of M.P. & Ors.

LIST OF EVENTS
Date Description Annexure
Petitioner is aggrieved by the action on the part P/1 to P/4
of respondents while not releasing the payment,
despite of fact that work is successfully
completed and work completion certificate issued
way back on 12.10.2020. The only reason
assigned for non-making payment, remaining
bills of the petitioner is of non-availability of
funds, which reason cannot sustain in view of
Article 14 of the Constitution of India. Once the
petitioner has worked with the respondents, the
amount is not disputed, the respondents have no
authority under the law to stop the payment of
the remaining bills of the petitioner.

Date: .10.2022 Humble Petitioner

Through Counsel
Gwalior
(D.S. Raghuvanshi)
Advocate
 IN THE HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR
W.P. NO. /2022

PETITIONER : M/s Aashirwad Enterprises

Versus
RESPONDENTS : The State of M.P. & Ors.
INDEX

S.No. DESCRIPTION OF ANNEXURE No. PAGE No.

DOCUMENTS

1. Writ Petition
2. Affidavit
3. List of Documents
4. Copy of work order P/1
5. Copy of work completion certificate P/2
6. Copy of bill P/3
7. Copy of representation P/4
8. Power

Date:- .10.2022 Humble Petitioner

Through Counsel
Gwalior

(D.S. Raghuvanshi)
Advocate
 IN THE HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR
W.P. NO. /2022

PETITIONER : M/s Aashirwad Enterprises

Versus
RESPONDENTS : The State of M.P. & Ors.

LIST OF DOCUMENTS

S.No. Description of Date of Original/Copy Number

Document Document of Pages

1. Copy of work order

2. Copy of work completion certificate
3. Copy of bill
4. Copy of representation

Date: .10.2022 Humble Petitioner

Through Counsel
Gwalior
(D.S. Raghuvanshi)
Advocate
 IN THE HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR
W.P. NO. /2022

PETITIONER : M/s Aashirwad Enterprises, Govt.

Contractor Civil and Electrical
General Order Supplier,
Shivnagar, Barkhandi Road,
Morena (M.P.) through its
Proprietor namely Manoj Kumar
Sharma, Aged about 41 years,
S/o Shri Rambharosi Sharma,
R/o Shivnagar, Barkhandi Road,
District Morena (M.P.)

Versus

RESPONDENTS: 1. The State of M.P. through

Principal Secretary, Public Works
Department, Vallabh Bhawan,
Bhopal (M.P.)

2. The Engineer-in-Chief, Public

Works Department, Plot No 27-
28, 1st Floor Nirman Bhawan,
Arera Hills, Bhopal (M.P.)

3. The Chief Engineer, Public Works

Department, (North Zone),
Morar, District Gwalior (M.P.)
 4. The Executive Engineer (E&M),
Public Works Department, Gwalior
(M.P.)

WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA

Declaration :

Copies as required by Rule 25 of the Chapter X of the High

Court of M.P. Rule 2008 have been served upon A.G.

Office at time on date .10.2022.

MAY IT PLEASE THIS HON’BLE COURT.

The Humble petitioner submits this petition as under:

(1) PARTICULARS OF THE CAUSE/ORDER AGAINST

WHICH THE PETITION IS MADE:

(1) Date of Order: NIL

Decision etc:

(2) Passed in (Case or File Number)

 (3) Passed by (Name and designation of the Court,

Authority, Tribunal etc.): NIL

(4) Subject-matter in brief:

Petitioner is aggrieved by the action on the part

of respondents while not releasing the payment,

despite of fact that work is successfully completed

and work completion certificate issued way back on

12.10.2020. The only reason assigned for non-

making payment, remaining bills of the petitioner is

of non-availability of funds, which reason cannot

sustain in view of Article 14 of the Constitution of

India. Once the petitioner has worked with the

respondents, the amount is not disputed, the

respondents have no authority under the law to stop

the payment of the remaining bills of the petitioner.

That being so, the impugned action is per se illegal

and contrary to law.

(2) A DECLARATION THAT NO PROCEEDING ON THE

SAME SUBJECT MATTER HAS BEEN PREVIOUSLY

INSTITUTED IN ANY COURT, AUTHORITY OR

 TRIBUNAL. IF INSTITUTED, THE STATUS OR

RESULT THEREOF, ALONG WITH COPY OF THE

ORDER:

The petitioner declares that no proceeding on the

same subject matter has been previously instituted in

any Court, authority or Tribunal.

(3) DETAILS OF REMEDIES EXHAUSTED:

The petitioner declares that he has availed all

statutory and other remedies.

(4) DELAY, IF ANY, IN FILING THE PETITION AND

EXPLANATION THEREFOR:

There is no delay in filing the present petition.

(5) FACTS OF THE CASE :

The facts giving rise to the present petition are as

under:

5.1 That, the petitioner is a proprietary firm and present

petition is filed by its proprietor.

5.2 That, in the year 2019, an NIT was issued for the

purpose of electrification work in Child……………..

District Morena (M.P.).

5.3 That, the petitioner’s rate having been found to be

lowest, he was awarded the work in question and

work order was issued. Copy of work order is

enclosed and marked as Annexure P/1. The

agreement was executed and two months time was

granted for completion of work.

5.4 That, the work was successfully completed. Copy of

work completion certificate dated 12.10.2020 is

enclosed and marked as Annexure P/2.

5.5 That, in the aforesaid work completion certificate, it

was indicated by the respondents an amount of

Rs.5,44,394 + Rs.65,327 (GST), total Rs.6,09,721/-

was required to be paid to the petitioner but

however, due to non-availability of funds, the said

amount has not been paid to the petitioner.

5.6 That, after the petitioner worked, the running bills

were cleared by the respondents except the aforesaid

amount. Copy of bill is enclosed and marked as

Annexure P/3.

5.7 That, the petitioner has requested many times to the

respondents to make payment of the aforesaid

amount but however, the fact remains that no such

payment has been paid to him. Copy of

representation submitted by the petitioner is

enclosed and marked as Annexure P/4.

5.8 That, since the respondents for no reason are not

making payment to the petitioner nor they have pass

any order despite of fact that the claim put forth by

the petitioner with respect to payment of aforesaid

amount is admitted amount which is required to be

paid to the petitioner. For no such reasons, non-

payment of amount to the petitioner while taking

services from the petitioner is absolutely arbitrary hit

by provisions contemplated under Article 14 of the

Constitution of India.
5.9 That, for the reasons aforesaid, the present petition is

filed inter alia on the following grounds:

(6) GROUNDSURGED:

6.1 That, the impugned action is illegal and contrary to

law inasmuch as the petitioner’s final bill cannot be

stopped, for the reason of non-availability of funds.

6.2 That, once the amount to be paid to the petitioner is

not disputed by the respondents, they have no

authority under the law to withhold the same.

6.3 That, the respondents being authority under Article

12 of the Constitution of India, cannot behave just

like a private businessman. In that circumstance, the

act of respondent/State must be in consonance with

the provisions contemplated under Article 14 of the

Constitution of India.

6.4 That, the other grounds shall be urged during the

course of arguments.

(7) RELIEF PRAYED FOR:

 It is therefore prayed that this petition may kindly be

allowed by issuing appropriate writ or direction by

exercising powers under Article 226 of the

Constitution of India. Following relief be directed to

be ordered in favour of the petitioner.

(i) That, the impugned action on the part of

respondents be held to be discriminatory and

unconstitutional consequent thereupon, the

respondents be further directed to make payment

of an amount of Rs.5,44,394 + Rs.65,327 (GST),

total Rs.6,09,721/- with interest at the rate of

12% per annum from the date of completion

certificate issued dated 12.10.2020 (Annexure

P/2) till the date of actual payment to be made to

the petitioner with the aforesaid interest.

(ii) That, other relief which is just and proper in the

facts and circumstances of the case may also be

granted.

(8) INTERIM ORDER/WRIT, IF PRAYED FOR:

 In the meantime looking towards the facts and

circumstances as have been brought on record, the

petitioner most humbly prays that the respondents

be directed to henceforth make the payment of

aforesaid amount to the petitioner in the interest of

justice.

(9) DOCUMENTS RELIED ON BUT NOT IN

POSSESSION OF THE PETITIONER:

(10)CAVEAT :

No notice of lodging a caveat by the opposite party is

received.

Date:- .10.2022 Humble petitioner

Gwalior Through Counsel

(D.S. Raghuvanshi)
Advocate

IN THE HIGH COURT OF MADHYA PRADESH

 BENCH AT GWALIOR

W.P. NO. /2022

PETITIONER : M/s Aashirwad Enterprises

Versus
RESPONDENTS : The State of M.P. & Ors.
AFFIDAVIT

I, Manoj Kumar Sharma, Aged about 41 years, S/o Shri

Rambharosi Sharma, Occupation Proprietor of M/s
Aashirwad Enterprises, R/o Shivnagar, Barkhandi Road,
District Morena (M.P.), do hereby solemnly affirm and
state on oath as under:

1. That, I am petitioner in the present petition and

hence competent to swear this affidavit.
2. That, the facts stated in para 5.1 to 5.9 of writ
petition are true and correct to my personal
knowledge.
3. That, the legal grounds taken in the writ petition from
para 6.1 to 6.4 are true and correct as per legal
advise given to me.
4. That, the documents as contained in Annexures
annexed with the writ petition are photocopies of
the originals which I certify to be true photocopies
of the original documents.

Date : .10.2022 Signature of Deponent

Gwalior
AFFIRMATION
I, the above named deponent do hereby verify the
contents of this affidavit in para 1 to 4 are true and correct
to my personal knowledge, no part of affidavit has been
falsely stated.

Date : .10.2022 Signature of Deponent

Gwalior