M/S Imran Traders v. State of U.P. and 3 Others

Court No. - 39 Case :- WRIT - C No. - 39119 of 2023 Petitioner :- M/S Imran Traders Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Subhash Chandra Pandey Counsel for Respondent :- C.S.C.,Brijesh Kumar Pandey Hon'ble Saumitra Dayal Singh,J. Hon'ble Shiv Shanker Prasad,J.

¶1Having heard Mr. Subhash Chandra Pandey, learned counsel for the petitioner, Mr. Vachaspati Pandey, Advocate holding brief of Mr. Brijesh Kumar Pandey, learned counsel for the respondent-Nagar Palika Parishad and the learned Standing Counsel for the State-respondents, it transpires that the petitioner is claiming payment of Rs. 6,58,447/- against certain civil work said to have been performed/executed by him for respondent-Nagar Palika Parisahd, Tanda, District-Rampur. That work done is said to have been duly verified by the authority concerned. Further, it has been stated that there is no dispute with respect to such payment.

¶2On the other-hand, learned counsel for the respondent-Nagar Palika Parishad states that his instructions are not complete.

¶3In view of the facts as noted above, no useful purpose would be served by keeping the present petition pending or calling for counter affidavit at this stage. Without entering into the merits of the claim set up by the petitioner, the present writ petition is disposed of with a direction upon respondent no.3 to pass appropriate reasoned and speaking order with respect to claim made by the petitioner. If the claim of the petitioner is admitted, such amount shall be paid out to the petitioner within three months from today.

¶4However, if the entire claim of the petitioner or any part of the same is disputed by the respondent-Nagar Palika Parishad, adequate reasoned communication be issued to the petitioner in that regard within the same time. (Shiv Shanker Prasad, J.) (Saumitra Dayal Singh, J.) Order Date :- 9.11.2023 Sushil/- High Court of Judicature at Allahabad