Allahabad High Court
M/S Devender Pal Singh And Another vs State Of U P And 6 Others on 23 July, 2021
Bench: Sunita Agarwal, Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- WRIT - C No. - 10674 of 2021
Petitioner :- M/S Devender Pal Singh And Another
Respondent :- State Of U P And 6 Others
Counsel for Petitioner :- Srijan Mehrotra,Anil Kumar Mehrotra
Counsel for Respondent :- C.S.C.,Anuj Pratap Singh,Swapnil Kumar
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner, Sri Swapnil Kumar learned counsel for the Corporation 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 directing thereby to the respondents particularly the respondent no.4 to act in accordance with law and for ensuring the payment of the Final-Bill to the tune of Rs.17,13,180.00P (Rs. Seventeen Lacs Thirteen Thousand One Hundred Eighty Only) to the petitioner alongwith interest @18% per annum;
(b) issue a writ, order or direction in the nature of mandamus or any other proper writ, order or direction directing thereby to the respondents particularly the respondent no.4 to act in accordance with law and for ensuring the remittance of a sum of Rs.6,95,000.00P. deposited by the petitioner as earnest money."
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- Corporation. The abstract of contract issued from the Office of the Chief Engineer, UP State Industrial Corporation, Kanpur Nagar has been appended as Annexure no.'1' 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- Corporation 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.
Order Date :- 23.7.2021
P Kesari
