WPMS/2485/2021
2022 Latest Caselaw 1639 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPMS No. 2485 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Shubhang Dobhal, Advocate, for the petitioner.

Mr. Anil Kumar Joshi, Advocate, for the respondent.

Brief facts of the case are, that U.P. Rajkiya Nirman Nigam Ltd., which happens to be the State undertaking, had invited bids from "A Class" civil contractors, for the purposes of the work orders, which were supposed to be executed for the purposes of carrying out the work relating to the construction of road, bridge and drainage in the SIDCUL area of the State.

The work orders were executed in favour of the petitioner as back as in 2013-14 and 2014-15. The petitioner contends, that he had completed the work and despite of having completed the work, he was not paid certain amount, which has been referred in the relief clause, which is being sought to be paid to him by virtue of seeking relief for issuance of writ of mandamus.

The petitioner has placed on records the terms and conditions of the work order, which has been issued to the petitioner, and as per Clause-15 of the terms of the contract, it provided, that in case, if there is any dispute with regard to the terms and conditions or any entitlement or receipt of any benefit under the work order, that would be referable under Clause-15.

A similar issue came up for consideration before this Court in Writ Petition (M/S) No. 2046 of 2021, Smt. Subhadra Sharma Vs. U.P. Rajkiya Nirman Nigam Ltd and another, and this Writ Petition, preferred therein, by the contractor, which was in relation to the work order of 2014, which was dismissed by this Court by the judgment dated 8th October, 2021.

The said matter, which was almost akin to the present circumstances, was carried before the Division Bench in Special Appeal No. 446 of 2021, and the Division Bench vide its judgment dated 7th March, 2022, had dismissed the Special Appeal and had affirmed the judgment of dismissal of the Writ Petition, subject to the condition of invocation of Claus-15 of the Work Order.

Hence, this Writ Petition too would stand decided in terms of the judgment dated 8th October, 2021, as rendered in Writ Petition (M/S) No. 2046 of 2021, Smt. Subhadra Sharma Vs. U.P. Rajkiya Nirman Nigam Ltd and another, and later on, affirmed by the Division Bench on 7th March, 2022 in Special Appeal No. 446 of 2021.

Accordingly, the Writ Petition is dismissed.

(Sharad Kumar Sharma, J.) Dated 26.05.2022 Shiv