M/S Rajendra Prasad Yadav And ... vs State Of U.P. And 2 Others
2023 Latest Caselaw 24606 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:177130-DB
 
Court No. - 40
 

 
Case :- WRIT - C No. - 29865 of 2023
 

 
Petitioner :- M/S Rajendra Prasad Yadav And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Abhay Singh Yadav,Daya Shanker Yadav
 
Counsel for Respondent :- C.S.C
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Prashant Kumar,J.

1. Lawyers are abstaining from judicial work.

2. In pith and substance, the petitioner is seeking a direction to the respondent-Authority to pay the bill amount of Rs.6,07,012/- regarding the work in pursuance of agreement No.152/EE/AE-II-2021-22 dated 5.10.2021 with interest. To buttress his submission he placed reliance upon the judgment rendered by Hon'ble Supreme Court in M/s Surya Construction vs. State of Uttar Pradesh & Ors. (2019) 16 SCC 794.

3. 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-Superintending Engineer, Construction Division-4 (KM) Public Works Department, Prayagraj to process the application of the petitioner strictly in accordance with law and consider his claim in the light of the judgement in Surya Construction (supra), after taking certain necessary comments from the authority concerned.

4. The said exercise is to be carried out within six weeks from the date of production of a certified copy of this order.

5. Needless to say, this Court has not expressed any opinion on the merit of the case.

Order Date :- 12.9.2023

Sachin/