Court No. - 29
Case :- WRIT - C No. - 19349 of 2019 Petitioner :- M/S Asif Uddin @ Mansoor Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shahabuddin Counsel for Respondent :- C.S.C.,Syed Badshah Husain Naqvi
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
The petitioner is a contractor. It completed contract work as awarded to him but payment is not being made.
On the direction of this Court, representation of the petitioner came up for consideration before the Executive Officer, respondent No.4. The Executive Officer rejected the same vide impugned order dated 2.4.2019 on the ground that though the petitioner completed the work satisfactorily but the measurement of the work done could not be done due to death of the Junior Engineer and now it is not possible to get the work measured and, as such, the payment cannot be made.
The submission is that in absence of measurement of the work done by the petitioner due to death of the Junior Engineer the petitioner cannot be made to suffer.
Learned counsel for respondents No.4 and 5 is directed to seek instructions and file counter affidavit within a month bringing on affidavit the informing as to how the work done by the petitioner can be measured and payment can be made to it.
List immediately after a month.
Order Date :- 30.5.2019 Brijesh