Allahabad High Court
M/S Shakti Computers vs State Of U.P. And 4 Others on 21 July, 2023
Bench: Mahesh Chandra Tripathi, Prashant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:146276-DB
Court No. - 40
Case :- WRIT - C No. - 21507 of 2023
Petitioner :- M/S Shakti Computers
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- P.K. Upadhyay,Gyanendra Singh
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and Shri Devesh Vikram, learned Addl. Chief Standing Counsel.
2. Present writ petition has been preferred for following reliefs:-
"(a) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the admitted amount of petitioner of Rs.7,33,525/- of the work done for digitization of data entry and the printing of ration card pursuant to the order dated 26.10.2013 passed by respondent no.5.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the representation dated 22.3.2023."
3. The petitioner is a registered firm. A Government Order dated 1.10.2013 was issued for computerization and digitization of the ration card of the public distribution of food supply. Pursuant to the aforesaid government order, the respondent no.5 invited tenders for the same on 25.10.2013 and pursuant thereof the petitioner applied and he was finally selected. The respondent no.5 issued an order dated 26.10.2013 giving tender to the petitioner. Pursuant to the aforesaid order dated 26.10.2013 the petitioner entered into agreement dated 16/17.11.2013 with respondent no.5. The petitioner had completed the work of digitization of data entry and ration card printing pursuant to the order dated 26.10.2013 and agreement dated 16/17.11.2013. The respondent no.5 passed an order dated 28.2.2015 mentioning the work done of the digitization by the petitioner and the payment was to be done to it. The petitioner submitted his last bill dated 19.11.2015 of Rs.7,33,525/-, which is duly received by respondent no.5. The petitioner has also moved application dated 24.12.2016 to the District magistrate, Banda for payment of Rs.7,33,525/- and security money of Rs.1,00,000/- and the District Magistrate, Banda endorsed the order dated 24.12.2016 directing to respondent no.5 to do the needful. Pursuant thereto, the respondent no.5 paid security money to the petitioner of Rs.1,00,000/- but has not paid the amount of Rs.7,33,525/- of bill dated 19.11.2015. However, the respondent no.5 issued a letter dated 27.5.2016 to the Financial Controller, Food and Supply Department, U.P. Jawahar Bhawar Lucknow recommending for budget of Rs.7,33,525/- for payment to the petitioner. The respondent no.5 issued several letters to respondent no.2 requesting for budget of Rs.7,33,525/- of the admitted amount of the work done by the petitioner pursuant to the order dated 26.10.2013. It is alleged that inspite of several letters sent by respondent no.5 to respondent no.2 recommending for budget, no heed was paid by respondent no.2. The petitioner has also moved several representations to the authorities concerned but till date no heed was paid by them. It is contended that since the petitioner has completed the work as per the work order, it is obligatory on the part of the respondents to ensure full payment of the work done. Reliance in this regard has been made on the judgment of Hon'ble the Apex Court in M/s Surya Constructions v. State of U.P. & Ors., 2019 (16) SCC 791.
4. Learned Addl. Chief Standing Counsel has submitted that in case the claim of the petitioner is pending consideration, the same shall be decided strictly in accordance with law expeditiously.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the issue and with the consent, the writ petition stands disposed of asking the authority concerned to look into, examine and redress the grievance of the petitioner strictly in accordance with law and considering the dictum in M/s Surya Constructions (Supra) expeditiously and preferably within two months from the date of production of certified copy of this order.
Order Date :- 21.7.2023
SP/
