M/S. J.J. Construction And ... vs Municipal Board, Mount Abu
2022 Latest Caselaw 2198 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11576/2021 M/s. J. J. Construction And Suppliers, Through Its Sole Proprietor Mr. Jangjeet Singh, Address- Stc Road, Delwara, Mount Abu, Sirohi (Rajasthan)

----Petitioner Versus

1. Municipal Board, Mount Abu, Through Its Commissioner, Mount Abu, District- Sirohi (Raj.)

2. The State Of Rajasthan, Through The Director Of Local Bodies, Department Of Local Self Government Department, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Line Phatak, Jaipur- 16 (Raj.)

----Respondents

For Petitioner(s) : Mr. Prashant Tatia through VC

JUSTICE DINESH MEHTA Order 08/02/2022

1. The petitioner was issued work order on 29.09.2017 for

supply of JCB on rental basis.

2. Petitioner has approached this Court with the grievance that

petitioner's contract was found satisfactory and the amount to be

paid by the respondent - Municipal Board admitted to be due, yet

the petitioner has not been paid the due amount. It is contended

that the respondents have paid no heed to petitioner's grievance

in spite of number of representations the complaint lodged at

Sampark Portal and notice for demand of justice sent by

petitioner's counsel.

3. Learned counsel relies upon the judgment of Hon'ble the

Supreme Court in the case of M/s Surya Constructions Vs. The

State of Uttar Pradesh & Ors : Civil Appeal No.2610/2019, decided

on 08.03.2019 and submits that in light of observation made by

(2 of 2) [CW-11576/2021]

Hon'ble the Supreme Court, the respondent - Municipal Board is

under obligation to pay the due amount.

4. In view of the aforesaid, the present writ petition is disposed

of with a direction to the petitioner to file a representation before

the Commissioner, Municipal Board, Mount Abu within a period of

two weeks from today along with photo-stat copy of notice for

demand of justice, photo-stat copy of judgment of Hon'ble

Supreme Court in the case of M/s Surya Constructions (supra),

other documentary evidence and a certified copy of the order

instant.

5. In case, a representation is so addressed, the respondent -

Municipal Board shall consider and do the needful and make the

requisite payment to the petitioner in accordance with law as early

as possible, preferably within a period of four weeks.

6. In case the Commissioner or competent authority of the

Municipal Board is of the view that the petitioner is not entitled for

the payment as claimed, he shall pass a speaking order under

intimation to the petitioner, against which petitioner's right to take

legal remedies shall remain reserved.

7. It is made clear that aforesaid direction to decide the

representation has been issued only with a view to ensure

expeditious redressal of petitioner's grievance. The same may not

be construed to be an order to decide the representation in a

particular manner.

8. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 41-A.Arora/-

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