Court No. - 32
Case :- WRIT - C No. - 15060 of 2019
Petitioner :- Dinesh Kumar Shukla Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mahabir Yadav Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition has been filed, inter alia, for the following relief:
"Issue a writ, order or direction in the nature of mandamus directing respondents no. 5 to make the payment of Rs.1,28,025/- of 5th running as admitted by respondent no. 3 in impugned order dated 25.3.19."
Learned counsel for the petitioner submits that the petitioner is a contractor and had entered into an agreement with the respondent no.5, Executive Engineer, Irrigation Division , Pratapgarh with regard to construction of road etc. and the total outstanding amount due against the respondent no. 5 is Rs. 7,76,025/-. He further submits that by letter dated 25.3.2019, the respondent no. 3, Chief Engineer has admitted that payment of a sum of Rs. 1,28,025/- is to be made to the petitioner, which too has not been paid as yet. He further submits that the authority concerned may be directed to make payment of at least the admitted amount of Rs. 1,28,025/- with its interest.
The counsel for the petitioner has relied upon a judgment of the Supreme Court in the case of M/s Surya Constructions Vs. The State of Uttar Pradesh and others, passed in Civil Appeal No. 2610 of 2019, (arising out of SLP (C) No. 29505 of 2014), whereby the Supreme Court has held that even in contractual matters where the State behaves arbitrarily, the High Court could interfere under Article 226 of the Constitution of India relying upon earlier judgment of the Supreme Court in the case of ABL International Ltd. and another Vs. Export Credit Guarantee Corporation of India Ltd. and others (2004) 3 SCC 553. There is nothing on record produced by the Standing Counsel to justify as to why the admitted amount has not been paid to the petitioner.
Considering the facts and circumstances of the case, we direct the respondent no.5 to make payment of aforesaid amount of Rs. 1,28,025/- along with interest at the rate of Rs. 6% per annum within a period of 30 days from the date of receipt of a certified copy of this order. With regard to payment of balance amount, the petitioner may, if so advised, take appropriate proceedings before the appropriate forum in accordance with law.
With the above observations, the writ petition stands disposed of .
Order Date :- 30.4.2019 Hasnain