Rajasthan High Court - Jodhpur
M/S Shivam Construction Company vs State Of Rajasthan (2025:Rj-Jd:50187) on 20 November, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:50187]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 22740/2025
M/s Shivam Construction Company, Mahaveer Basti, Takhatgarh,
District Pali. Through Its Proprietor Manoj Kumar Son Of Shri
Narayan Lal, Aged About 37 Years. (Work Order No. F-06/ Store/
2023/694 Dated 07.10.2023).
----Petitioner
Versus
1. State Of Rajasthan, Through The Director Cum Secretary,
Department Of Local Self, Jaipur.
2. The District Collector, Pali.
3. Municipal Board, Takhatgarh, District Pali. Through Its
Executive Officer.
----Respondents
For Petitioner(s) : Mr. Kanishk Singhvi
HON'BLE DR. JUSTICE NUPUR BHATI
Order 20/11/2025
1. The petitioner was issued work order on 07.10.2023.
2. Petitioner has approached this Court with the grievance that petitioner's contract was found satisfactory and the amount to be paid by the respondent - Municipal Board admitted to be due, yet the petitioner has not been paid the due amount. It is contended that the respondents have paid no heed to petitioner's grievance in spite of number of representations filed by petitioner.
3. Learned counsel relies upon the judgment of Hon'ble the Supreme Court in the case of M/s Surya Constructions Vs. The State of Uttar Pradesh & Ors : Civil Appeal No. 2610/2019, decided on 08.03.2019 and submits that in light of observation (Uploaded on 20/11/2025 at 05:22:38 PM) (Downloaded on 20/11/2025 at 09:44:39 PM) [2025:RJ-JD:50187] (2 of 2) [CW-22740/2025] made by Hon'ble the Supreme Court, the respondent - Municipal Board is under obligation to pay the due amount.
4. In view of the aforesaid, the present writ petition is disposed of with a direction to the petitioner to file a representation before the Executive Officer, Municipal Board, Thakatgarh, within a period of two weeks from today along with photo-stat copy of judgment of Hon'ble Supreme Court in the case of M/s Surya Constructions (supra), other documentary evidence and a certified copy of the order instant.
5. In case, a representation is so addressed, the respondent - Municipal Board shall consider and do the needful and make the requisite payment to the petitioner in accordance with law as early as possible, preferably within a period of four weeks.
6. In case the Executive Officer or competent authority of the Municipal Board is of the view that the petitioner is not entitled for the payment as claimed, he shall pass a speaking order under intimation to the petitioner, against which petitioner's right to take legal remedies shall remain reserved.
7. It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioner's grievance. The same may not be construed to be an order to decide the representation in a particular manner.
8. The stay application also stands disposed of accordingly.
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