Court No. - 29
Case :- WRIT - C No. - 23365 of 2019 Petitioner :- M/S Himanshu Enterprises Meerut Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Kumar Rai Counsel for Respondent :- C.S.C.,Pankaj Srivastava
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Pradeep Kumar Rai, learned counsel for the petitioner and Sri Pankaj Srivastava, learned counsel appearing for Nagar Nigam, Meerut.
The petitioner is aggrieved by the non payment of its dues for the work done by it during the period 2012-13, 2013-14 and 2014-15 for a total amount of Rs. 67,52,268/-.
In this connection, petitioner had earlier filed a writ petition and the same was disposed off with the direction to consider his representation. The representation has been rejected by the order dated 28.06.2019 passed by Nagar Ayukt, Nagar Nigam Meerut.
This order has been impugned in this petition.
The impugned order reveals that the petitioner was granted work contract for the cleaning of the drains in the city and that he had been paid a sum of Rs. 22,18,320/- for the work done as per the genuine bills.
The bills for the amount now claimed by the petitioner have been found to be fake and it is said that no work contract in respect of the said work was ever granted to the petitioner.
In other words, the Nagar Nigam is disputing the work done by the petitioner and the claim as made by the petitioner.
In view of the aforesaid facts and circumstances, as the amount claimed by the petitioner is a disputed amount, it is not possible to adjudicate the controversy in that regard in exercise of discretionary jurisdiction so as to order for its payment.
Accordingly, we do not feel inclined to entertain this petition and the same is dismissed with liberty to the petitioner to take recourse to the other remedies as may be advised to it in law.
Order Date :- 30.7.2019 Nirmal Sinha