Court No. - 5
Case :- WRIT - C No. - 35649 of 2018 Petitioner :- Devendra Kumar Shukla Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Surnedra Prasad Shukla,Nilam Shukla Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Ved Prakash Vaish,J.
From the record, it appears that the petitioner was granted a contract for constructing a road from the Maharajganj to Chawk under Pradhan Mantri Gramin Sadak Yozana. In this regard, a contract was executed on 22.4.2013. It is stated in the writ petition that the work has been completed by the petitioner on 30.6.2016 and according to the terms and conditions of the agreement, the petitioner is responsible to maintain the road in question for five years from the date of completion of the work. The petitioner has certain difficulties due to the situation which is beyond his control. For redressal of his grievance, he has made a representation on 5.9.2017 to the respondent no.8, Executive Engineer (PIU), R.E.D., District Maharajganj.
Learned Counsel for the petitioner has drawn our attention to the minutes of the meeting dated 6.10.2018 wherein the concerned Committee has made a recommendation for taking over the road by the P.W.D department.
The only prayer made by learned Counsel for the petitioner is that his representation dated 5.9.2017 may directed to be considered by the respondent no.8, Executive Engineer (PIU), R.E.D., District Maharajganj.
Ordinarily, this Court in exercise of jurisdiction under Article 226 of the Constitution of India should not entertain to decide the factual disputes. Thus we are not inclined to interfere in this case however, we are of the view that the ends of justice would be met by issuing a direction upon respondent no.8, Executive Engineer (PIU), R.E.D., District Maharajganj to consider the representation of the petitioner dated 5.9.2017 in accordance with law, expeditiously.
With the aforesaid direction, the writ petition stands disposed of.
No order as to costs.
Order Date :- 26.10.2018 Savita