M/S Anchal Construction vs State Of U.P. And 2 Others
2023 Latest Caselaw 22805 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:168733-DB
 
Court No. - 40
 

 
Case :- WRIT - C No. - 28129 of 2023
 

 
Petitioner :- M/S Anchal Construction
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sampoorna Nand,Vivek Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Surendra Singh-I,J.

1. Heard learned counsel for the petitioner and Sri Raj Mohan Upadhyay, learned Additional Chief Standing Counsel appearing for the State respondents.

2. The present petition has been filed seeking following reliefs :-

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to release the amount Rs. 04,55,973/-, 10,69,850/- and Rs. 5,02,100/- which is pending due consideration since 14.02.2022 till now along with penal interest @ 12% per annum which is admissible to the petitioner.

(ii) Issue any other suitable writ, order rule or direction which this Hon'ble Court may deem fit and proper under the fact and circumstances of the case.

(iii) Award cost of the present writ petition in favour of the petitioner."

3. The petitioner claims that the amount in question is admitted and the respondents have to process the claim of the petitioner in the light of the judgment passed in M/s Surya Construction v. State of Uttar Pradeh & Ors., (2019) 16 SCC 794.

4. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, we dispose of this writ petition asking the respondent no. 2 to consider the claim of the petitioner in the light of the judgment in Surya Construction (supra) within six weeks from the date of receipt of certified copy of this order.

5. Needless to say that we have not expressed any opinion on the merit of the case.

Order Date :- 22.8.2023

Pratima