M/S S.K.M. Engineering Works Sahtola Khali Sahat, Raebareli Thru. Proprietor Santosh Kumar Maurya v. State of U.P. Thru. Prin. Secy. Irrigation and Water Resources Lko. and Others

Court No. - 3 Case :- WRIT - C No. - 10709 of 2023 Petitioner :- M/S S.K.M. Engineering Works Sahtola Khali Sahat, Raebareli Thru. Proprietor Santosh Kumar Maurya Respondent :- State Of U.P. Thru. Prin. Secy. Irrigation And Water Resources Lko. And Others Counsel for Petitioner :- Pankaj Kumar Pandey,Om Prakash Tiwari Counsel for Respondent :- C.S.C.,Rishabh Kapoor Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard Mr. Om Prakash Tiwari, learned counsel for the petitioner, Mr. Azhar Vikram, Advocate holding brief of Mr. Rishabh Kapoor, learned counsel for respondent no.2, 3 & 4, Mr. Madhav Om, Advocate holding brief of learned counsel for respondent no.5 as well as learned Standing Counsel for the State . Present writ petition has been filed by the petitioner with the following main prayer:- "(i) Issue a writ, order or direction in the nature of Mandamus Commanding to the opposite parties, specifically opposite party no.2, 4 & 5 to make the payment of pending bill of the petitioner's firm and release the amount of Rs.75,16,011.80 (Rupees Seventy Five Lakhs Sixteen Thousand Eleven Rupees and Eighty Paisa Only) in favour of the petitioner against the construction work done by the petitioner's firm, all dues are till the year 2023." Learned counsel for petitioner submits that all dues are till the year 2023 and grievance of petitioner would be substantially met in case representation of petitioner for the said purposes is considered and decided in a time bound manner. Learned Standing Counsel has no objection to the same. In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no.4 - Executive Engineer Construction Division (Urban), U.P. Jal Nigam, District Raebareli raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of two weeks from today along with a certified copy of this order. In case such a representation is moved by petitioner, respondent no.4-Executive Engineer Construction Division (Urban), U.P. Jal Nigam, District Raebareli shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date a certified copy of this order along with representation is placed before him. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law. With the aforesaid directions, present writ petition is disposed of. (Manish Kumar, J.) (Vikek Chaudhary,J.) Order Date :- 11.12.2023 Manoj K. High Court of Judicature at Allahabad, Lucknow Bench