Chhotey Lal Yadav v. State of U.P. and 6 Others

Court No. - 40 Case :- WRIT - C No. - 33648 of 2023 Petitioner :- Chhotey Lal Yadav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ganesh Shankar Dubey,Sachidanand Singh Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner and Ms. Shubhra Singh, learned Standing Counsel for the State respondents.

¶2Present writ petition has been preferred for a direction to respondents to pay the arrears of bill for an amount of Rs.8,69,000/-, which is due against the respondent authority along with interest and for a further direction to the respondents to decide the representations of the petitioner dated 6.8.2021 and

14.6.2023 within stipulated period.

¶3The claim has been set up in the light of the judgment passed by Hon'ble the Apex Court in M/s Surya Construction vs. State of Uttar Pradesh & Ors., (2019) 16 SCC 794.

¶4In this backdrop, vide order dated 03.10.2023, we have asked learned Standing Counsel to seek instructions in the matter. In response thereof, Ms. Shubhra Singh, learned Standing Counsel has placed detailed instructions dated 17.10.2023 sent by the District Magistrate, Sonbhadra, which is taken on record. Copy of the instructions is also given to learned counsel for the petitioner.

¶5We have proceeded to examine the record in question as well as the categorical instructions produced by learned Standing Counsel. From the perusal of instructions, this much is contended that out of Rs.20,69,000/-, the payment of Rs.14,21,006.00 has been made to the petitioner. So far as remaining payment of Rs.6,47,994/- is concerned, the same shall also be ensured within 15 days. Considering the facts and circumstances of the case as well as the categorical instructions sent by the District Magistrate, Sonbhadra, we are not inclined to proceed further in the matter. Needless to say, the respondents must redress the grievance of the petitioner in terms of the instructions expeditiously.

¶6The writ petition stands disposed of in terms of the instructions. Order Date :- 30.10.2023 S.P. High Court of Judicature at Allahabad