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Chattisgarh High Court
Phulsingh Kachlam vs State Of Chhattisgarh on 16 March, 2026
Digitally signed by
V PADMAVATHI
Date: 2026.03.17
11:46:34 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPPIL No. 82 of 2024
PHULSINGH KACHLAM versus STATE OF CHHATTISGARH
Order Sheet
16.03.2026 Heard Ms Rajni Soren, learned counsel for the petitioner
and Shri Praveen Das, learned Additional Advocate General for
the State/respondents.
In compliance of the Court's order dated 12.01.2026, the
Superintending engineer, Public Works Department, Circle-
Kanker district North Bastar, Kanker (CG), and the Officer In-
charge of the matter has filed his personal affidavit. Operative
portion of the said affidavit reads as under:
"3. That, pursuant to the order dated 12/01/2026
passed by the Hon'ble Court, the deponent most
humbly and respectfully submits as far as the result of
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financial bid submitted by the bidders is concerned
that total length of Narayanpur - Orchha road is 63.4
KM. and the said road is divided in three parts for the
purpose of construction and its strengthening. It is
submitted that the second part of the road from KM 13
to KM 31 (Palli Chhotedongar Orchha) (total 19 KM)
has been divided in two parts for the purpose of NIT
i.e. first part is from KM 13 to KM 22 (total length 10
KM) and second part is from KM 23 to KM 31 (total
length 9 KM). It is submitted that for construction of
first part of the road from KM 13 to KM 22 (total length
10 KM), after following due process, one Surface
Engineering Private Limited "A" Class Contractor,
Kanker has been declared L-1 and accordingly the
work order has duly been issued in favour of the said
contractor on 23/02/2026. Copy of the work order
dated 23/02/2026 is being filed herewith as Document
-A. It is submitted that work agreement has also been
executed with the aforesaid contractor for the
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aforesaid work. It is submitted that pursuant to the
aforesaid work order, the said contractor has
commenced the work. To demonstrate this fact, copy
of the latest photograph is being filed herewith as
Document-B.
4.That, with regard to second part of the road from
KM 23 to KM 31 (total length 9 KM), the deponent
respectfully submits that for construction of this road
also, the aforesaid contractor has been declared L-1
and after execution of the necessary work agreement,
the work order has also been issued in favour of the
aforesaid contractor and to establish this fact, copy of
the work order dated 23.02.2026 is being filed
herewith as Document-C it is submitted that after
receipt of the said work order, the said contractor has
started working. To demonstrate this fact, copy of the
latest photograph is being filed herewith as
Document-D.
Wppil 82 of 2024
5.That, with respect to the third part of the road
starting from KM 1 to KM 32.60 (Narayanpur to Palli
Dhaudai), the deponent respectfully submits that for
the purpose of construction of the said road, the total
length of the said road has been divided in two parts
i.e. the length of first part is from KM 176.40 to KM
193.00 (total length 16.60 KM) (Gadhbengal to
Dhaudi Chhotedongar Road Part 1) and the length of
second part is from KM 194.00 to KM 209.00 (total
length 16.00 KM) (Gadhbengal to Dhaudi
Chhotedongar Road Part 2). It is respectfully
submitted that for construction of first part of the road
starting from KM 176.40 to KM 193.00 (total length
16.60 KM) (Gadhbengal to Dhaudi Chhotedongar
Road Part 1), on 17/02/2026 the letter of acceptance
was, though, issued in favour of the lowest bidder
(M/s Landmark Engineer, Bilaspur), but, the said
lowest bidder failed to deposit the requisite additional
performance security amount within the prescribed
Wppil 82 of 2024
time, therefore, by making recommendation for
cancellation of the tender floated for the aforesaid
road, the Executive Engineer, PWD (B and R),
Division Narayanpur vide its letter dated 05/03/2025,
has requested the SE, PWD, Kanker Circle to take
necessary steps for re-tendering by forfeiting the
earnest money deposit submitted by the aforesaid
bidder. To demonstrate this fact, copy of the letter
dated 05/03/2026 is being filed herewith as
Document E. It is respectfully submitted that
pursuant to the aforesaid letter dated 05/03/2026, the
Tender Cell has cancelled the tender floated for
construction of the road from KM 176.40 to KM
193.00 (total length 16.60 KM) (Gadhbengal to
Dhaudi Chhotedongar Road Part 1) and a fresh NIT
(2nd Call) bearing System Tender No.186847 NIT NO.
1051/TC/2025-26 for the said road has been floated
on 09/03/2026. Copy of the NIT (2nd Call) dated
09/03/2026 is being filed herewith as Document F. In
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the said NIT, the bids are invited till 27/03/2026 at
17.00 PM. and the bid opening date is scheduled on
02/04/2026 at 10.00 AM.
6.That, with regard to construction of second part of
the road from KM 194.00 to KM 209.00 (total length
16.00 KM) (Gadhbengal to Dhaudi Chhotedongar
Road Part 2), the similar action has also been taken
against the lowest bidder and by cancelling the earlier
tender and by forfeiting the earnest money deposit, a
fresh tender / NIT (2nd call) bearing System tender
no.186853 NIT No. 1052/TC/2025-26 for construction
of the aforesaid road has been floated on 09/03/2026
prescribing the last date of submission of bids to be
27/03/2026 at 17.00 PM and the bid opening date to
be 02/04/2026 at 10.00 AM. To demonstrate this fact,
copy of the NIT (2nd Call) dated 09/03/2026 is being
filed herewith as Document - G.
7.That, the deponent most humbly submits that with
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regard to the progress of the road from KM 1 to KM
12 (Palli Chhotedongar Orcha), the work order has
been issued to M.S. Construction on 05/06/2025 and
pursuant to the said work order, the said contractor
has started the construction activities and as of now,
the work of sub-grade is completed, the Granular
Sub-Base (GSB) work is in progress, Ready mixed
concrete plant is now installed at the site. To establish
this fact, copies of the latest photographs are filed
herewith as Document - H colly.
8.That, the deponent most humbly submits that he
has the highest regard and great respect for the lawful
authority of this Hon'ble Court and its orders and
direction. He is duty bound to adhere to and abide by
the order of this Hon'ble Court.
9.That, the contents of the present affidavit have been
drafted according to my instructions and the contents
thereof are true and correct to the best of my personal
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knowledge and belief, based on the official records."
On perusal of the above affidavit, it transpires that with
respect to progress of the road of 12 km (Palli-Chhotedongar
Orcha), the work order has already been issued to
M.S.Construction, "A" Class Contractor, Raipur on 05.06.2025
pursuant to which, construction and the granular Sub-Base
(GSB) works are in progress. As such the status of work, let
this matter be listed again for further monitoring on 6th May,
2026.
The Superintending Engineer, Public Works Department,
Circle-Kanker, District-North Bastar, Kanker (CG) is directed to
file fresh affidavit with respect to further progress in the matter
by the next date of hearing.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
padma
