Allahabad High Court
Raj Nursery A Proprietorship And ... vs State Of U.P. And 6 Others on 19 July, 2021
Bench: Sunita Agarwal, Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Court No. - 39
Case :- WRIT - C No. - 7017 of 2021
Petitioner :- Raj Nursery A Proprietorship And Another
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Anil Kumar Mehrotra,Srijan Mehrotra
Counsel for Respondent :- C.S.C.,Mahesh Narain Singh,Ravi Prakash Pandey
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner, Sri M.N. Singh learned counsel for the Development Authority and the learned Standing Counsel for the State-respondents.
The present petition has been filed with the following reliefs:
"(a) issue a writ, order or direction in the nature of mandamus or any other proper writ, order or direction to the respondent no.2 to act in accordance with law and for ensuring of making the entire payment to the petitioner for the work discharged by the petitioner during the period between 01.08.2019 to 30.11.2019 as per the rates prescribed in the concerned Contract, i.e., Agreement no.108/FC/HO/18' alongwith interest @ 18% per annum on the delayed payment;
(b) issue a writ, order or direction in the nature of mandamus or any other proper writ, order or direction to the respondents particularly the respondent no.2 to act in accordance with law and direct for releasing the security deposited by the petitioner at the time of grant of concerned contract, i.e., Agreement No.108/FC/HO/18'."
The contention in the writ petition is that the petitioner had entered into a contract for doing some horticulture work with the respondent no.2- Development Authority and a work order dated 30.05.2018 had been issued by the respondent no.7. The agreement dated 28.06.2018 has been appended as Annexure no.'5' to the writ petition.
Submission is that in the similar facts and circumstances, this Court in the case of Writ C No.6364 of 2021 (M/S Tanya Construction and another v. State Of U P And 6 others) has passed the judgment and order dated 23.02.2021 which reads as under:-
"The petitioners are contractors who undertook horticulture work, in respect of which certain dues became payable on the part of the respondents but the same has not been paid, the petitioners have invoked extraordinary jurisdiction of this Court, commanding the respondents to pay dues for different periods along with interest on delayed payments.
We are conscious of our jurisdiction in so far entertaining these petitions are concerned but a fair stand seems to have been taken by Sri Nabab Singh Chauhan / Sri Nipun Singh, learned counsel for the Authority that although some payments have been made, but the petitioners deny the same and have ventilated their grievance before the authority by means of their representation which learned counsel for the respondents undertake that the same shall be disposed of, as expeditiously as possible, preferably within 6 weeks from today, and in case any admitted dues are found, same shall be paid without any further delay."
We have gone through the material on record. We are of the considered view that the petitioner is also entitled for the same relief.
For the aforesaid, the writ petition is disposed of with the direction that the respondent- Development Authority shall decide the disputed claim, if any, by passing a reasoned and speaking order, in accordance with law, preferably within a period of one month from the date of receipt of the copy of this order, under due intimation to the petitioner.
In so far as the admitted claim under the agreement-in-question is concerned, payment shall be made within the aforesaid period.
Order Date :- 19.7.2021
P Kesari
