Allahabad High Court
M/S Green Way Technologies Thru' ... vs State Of U.P. & 5 Others on 29 May, 2015
Bench: Vikram Nath, Shashi Kant
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 21
Case :- WRIT - C No. - 28053 of 2015
Petitioner :- M/S Green Way Technologies Thru' Its Partner Varun Arora
Respondent :- State Of U.P. & 5 Others
Counsel for Petitioner :- S.N. Tiwari,S.K. Tiwari
Counsel for Respondent :- C.S.C.,Q.H. Siddiqui
Hon'ble Vikram Nath,J.
Hon'ble Shashi Kant,J.
1. On 28.5.2015, following order was passed by this Court :
"Vide order dated 15.05.2015, the respondents were granted time to obtain instructions with regard to non payment of the admitted dues of the petitioner.
Sri Safdar Ali Kazmi and Ms. Tahira Kazmi Advocates have filed their Vakalatnama on behalf of respondent no. 3 to 6. The same is taken on record.
Further they have placed the correspondence made by the General Manager of U.P. Jal Nigam, Allahabad and Ganga Pollution Control Unit to the In-charge Officer, Magh-Mela 2013-14, requesting him to release the funds, so that dues of the petitioner may be made.
Further Sri Vishnu Pratap, learned Standing Counsel has placed the instructions received from the District Magistrate, Allahabad to indicate that the liability of payment to the petitioner M/s Green Way Technologies through its Partner Varun Arora and Nitin Tyagi is not on the District Magistrate, Allahabad or In-charge Officer, Magh Mela, Allahabad but the Jal Nigam, Allahabad has to bear their expenses from their own budget.
From the instructions received, we find that both set of respondents have denied the claim of the petitioner. Since the work was carried out almost two years back, the petitioner is being unnecessarily harassed for clearance of his dues by the respondents.
On the request of the learned counsel for the respondent no. 3 to 6, put up tomorrow, i.e. 29.05.2015 as a fresh case."
2. Today, learned counsel for respondents no.3 to 6 has made a statement that his earlier stand, as recorded in the order dated 28.5.2015, stands and there is no change in the same.
3. In view of the same, we direct that Managing Director, U.P. Jal Nigam as also Principal Secretary, Urban Development and District Magistrate, Allahabad to remain present before this Court on the next date fixed.
4. All these authorities shall file their respective affidavits with regard to averments contained in this petition and also as to why payment has not been made to the petitioner despite work having been carried out in the year 2013-14. However, it would be open to the aforesaid authorities to hold a joint meeting in the meantime and settle out the dispute as to who is liable to pay the dues of petitioner.
5. In the meantime, in case, payment is made to the petitioner, personal appearance of aforesaid authorities would not be necessary and they may file their affidavits. In case payment is not made, all the three authorities, as aforesaid, shall remain present before this Court on the next date fixed.
6. List this matter on 15.07.2015.
7. A copy of this order may be provided to Sri Vishnu Pratap, learned Standing Counsel free of cost within 24 hours for necessary compliance.
Order Date :- 29.5.2015
KA
