Court No. - 39
Case :- WRIT - C No. - 16507 of 2021 Petitioner :- M/S Avadhesh Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikrant Neeraj,Arvind Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The petitioner herein claims to have entered into a contract with the Nagar Palika Parishad Pilkhuwa, Hapur for construction of R.C.C. covered drain etc from Railway Road, Khurana Electronic through Gurudwara in District-Hapur.
It is contended that an agreement dated 08.03.2019 had been executed between the parties. The work has been completed to the satisfaction of the competent authority. However, dues of the petitioner has not been cleared.
The prayer in the writ petition is as follow:
"a. issue a writ, order or direction in the nature of mandamus commanding the Respondent no.2 and 3 to make payment of Rs. 6,55,713/- (with G.S.T.) to the petitioner forthwith.
b. issue a writ order or direction in the nature of mandamus commanding the respondent no.2 & 3 to decide the petitioner's representation dated 02.02.2021 (Annexure No.7 to the writ petition)."
Only submission of learned counsel for the petitioner is to issue direction to the respondent no.3/Executive Officer Nagar Palika Parishad, Pilkhuwa, Hapur to consider the representation moved by the petitioner on 2.2.2021 for release of payment towards the work done by him.
Considering the said prayer without entering into the merit of the claim of the petitioner, the present writ petition is being disposed of with the following directions:
(i) The petitioner shall submit a fresh representation within a period of three weeks along with the copy of this order before the respondent no.3/ Executive Officer Nagar Palika Parishad, Pilkhuwa, Hapur.
(ii) In the event such a representation is filed, the respondent no.3 shall pass a reasoned and speaking order, in accordance with law, as expeditiously as possible preferably within a period of four weeks thereafter. Disposed of.
Order Date :- 27.7.2021 Himanshu