M/S Anupma Construction ... vs Commissioner
2021 Latest Caselaw 355 MP

                                                        1                                 WP-928-2021
                              The High Court Of Madhya Pradesh
                                          WP-928-2021
                          (M/S ANUPMA CONSTRUCTION REGISTERED OFFICE Vs COMMISSIONER AND OTHERS)


                      Jabalpur, Dated : 01-03-2021
                            Shri R. K. Pandey, learned counsel for the petitioner.

                            Shri Anuj Shrivastava, learned Panel Lawyer for the State.
                            Shri G. S. Gaharwar, learned counsel for the respondent nos. 3 and 4.

Petitioner has filed this present writ petition being aggrieved by the fact that after successfully completing the contract work petitioner is not being

paid security deposit amount.

Counsel for the petitioner submitted that there is no dispute between the parties that contract work has been completed successfully by the petitioner without any complaint by the respondents. He referred to work completion certificate issued to petitioner by the Competent Authority. Counsel for the petitioner relied on the judgment report in 2020 SCC OnLine SC 291-Popatrao Vyankatrao Patil Vs. State of Maharashtra and others. In this case, Apex Court has held that in undisputed cases of contract, High Court can interfere in the matter by exercising its power under

Article 226/227 of the Constitution of India.

Counsel for the respondent nos. 3 and 4 submitted that representation preferred by the petitioner shall be considered and decided by the Competent Authority as per law.

Considering the aforesaid facts and circumstances of the case, Writ Petition is disposed off with direction to the respondents to consider and decide the representation preferred by the petitioner within a period of 45 days from the date of receipt of certified copy of the order passed today.

However, it is made clear that no opinion is expressed on the merits of the case.

Writ Petition stands disposed off.

                                                                              (VISHAL DHAGAT)
Signature Not
 SAN
Verified                                                                           JUDGE

Digitally signed by
ARVIND KUMAR
DUBEY
Date: 2021.03.02
13:15:29 IST
                                 2   WP-928-2021
                      DUBEY/-




Signature
 SAN      Not
Verified

Digitally signed by
ARVIND KUMAR
DUBEY
Date: 2021.03.02
13:15:29 IST