Allahabad High Court
Pramod Kumar Soni vs State Of U.P. And 2 Others on 21 September, 2023
Bench: Mahesh Chandra Tripathi, Prashant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:183385-DB
Court No. - 40
Case :- WRIT - C No. - 25681 of 2023
Petitioner :- Pramod Kumar Soni
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Narayan Dutt Shukla,Rituvendra Singh Nagvanshi,Sr. Advocate
Counsel for Respondent :- C.S.C.,Omkar Dutt Malviya
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard Shri R.C. Singh, learned Senior Counsel assisted by Shri Rituvendra Singh, learned counsel for the petitioner; learned Standing Counsel for State respondents and Shri O.D. Malviya, learned counsel for respondent nos.2 and 3 (Jal Sansthan).
2. Present writ petition has been preferred for following reliefs:-
"(i) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to release the payment in respect of work executed by the petitioner, which has been worked by the petitioner to the tune of Rs.2,67,99,413/- (two crore sixty seven lacs ninety nine thousand four hundred thirteen) with 18% compound interest thereon, within time specified by this Hon'ble Court.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondents authority to decide the petitioner's representation within time specified by this Hon'ble Court."
3. Learned Senior Counsel appearing for the petitioner submits that certain work was assigned to the petitioner by the Jal Sansthan and admittedly the said work was completed. Therefore, the petitioner is entitled for payment and the writ petition is liable to be entertained in the light of the judgment of Hon'ble the Apex Court in M/s Surya Construction vs. State of Uttar Pradesh & Ors. (2019) 16 SCC 794.
4. While filing the counter affidavit, the Jal Sansthan had acknowledged and accepted the outstanding amount of Rs.2,04,06,408/- (Rupees Two Crores Four Lacs Six Thousand Four Hundred Eight only). However, it is averred in the said affidavit that on account of financial crunch in the Jal Sansthan, the admitted amount could not be released in favour of the petitioner. In this backdrop, learned counsel for Jal Sansthan submits that some breathing time may be accorded to the respondents so that admitted amount may be released in favour of the petitioner.
5. Learned Senior Counsel appearing for the petitioner fairly states that in case there is financial crisis in the Jal Sansthan, and the respondents are willing to clear the outstanding amount in easy installments, the petitioner has no objection. However, he submits that in case undertaking given by the respondents is flouted, the leave may be accorded to the petitioner to initiate contempt proceeding against the respondents in view of law laid down by Hon'ble the Apex Court in Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor, Civil Appeal No.4955 of 2022 decided on 6.9.2023.
6. Considering the aforesaid facts and circumstances, we are not inclined to keep the matter pending consideration. Once the respondents have acknowledged the outstanding amount and are willing to clear the same within reasonable period, we dispose of the writ petition with observation that entire admitted outstanding amount shall be paid to the petitioner within six months, failing which the petitioner would be entitled to receive 6% interest on the delayed payment and further to initiate contempt proceeding against the respondents in view of the judgment in Balwantbhai Somabhai Bhandari (Supra).
Order Date :- 21.9.2023
SP/
