WPMS/1405/2021
2021 Latest Caselaw 2734 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
           ON THE 30TH DAY OF JULY, 2021
                             BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 1405 of 2021

BETWEEN:

M/s Indian Project Construction
Cooperative Ltd. & another.                       ..........Petitioners
     (By Mr. Bhuwan Bhatt, Advocate)

AND:
State of Uttarakhand and others.                   ....Respondents
     (By Mr. G.S. Negi and Mr. T.S. Phartiyal, Additional
     C.S.C. for the State of Uttarakhand)


                        JUDGMENT

According to the petitioner, he was assigned certain civil construction works under Members of Parliament Local Area Development Scheme and certain amount was released in his favour.

2. It is the contention of learned counsel for the petitioner that although petitioner has completed 1 work and other 2 works are nearing completion, however, respondents have now issued a recovery citation against the petitioner for recovery of ` 22,31,350/- Learned counsel for the petitioner has referred to one document filed alongwith Exemption Application (I.A. No. 02 of 2021), which is addressed to Project Director, District Rural Development

Authority, District Uttarkashi, in which petitioner has stated the stage of all the three works.

3. Learned counsel for the petitioner submits that, due to Pandemic and consequent lockdown, petitioner could not submit the Measurement Book regarding all the three works. Learned counsel for the petitioner undertakes on behalf of his client that Measurement Book will be submitted by the petitioner positively on or before 16.08.2021 before Project Director, District Rural Development Authority, District Uttarkashi. Petitioner shall also submit his written reply before the Project Director on or before 16.08.2021.

4. The Project Director shall consider petitioner's reply and also the Measurement book, and pass appropriate order on or before 02.09.2021.

5. Only till 02.09.2021, recovery proceedings initiated against the petitioner shall be kept in abeyance. If petitioner does not submit Measurement Book and reply on or before 16.08.2021, then he shall not be entitled to benefit of this order.

6. The writ petition is, accordingly, disposed of.

(MANOJ KUMAR TIWARI, J.) Arpan