Court No. - 39
Case :- WRIT - C No. - 6139 of 2008 Petitioner :- Smt. Kanchan Devi Respondent :- State Of U.P. & Others Counsel for Petitioner :- S.K. Yadav Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri S.K. Yadav, learned counsel for the petitioner and the learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking a direction to the respondents to make payment of dues of her husband with regard to Item No.1 & 2 in respect of works done as per annexure-1 to the writ petition.
On behalf of the respondents a counter affidavit has been filed by the Executive Engineer, Provincial Division, P.W.D., Deoria and in paragraph 6 thereof it is stated that in respect of work completed by the petitioner against Agreement No.385/AE-II dated 11.04.2003 for the financial year 2003-04 funds were not available and therefore, the payment could not be made to the petitioner in respect of Item No.1 which is a sum of Rs 20,987/-. So far as the Item No.2 which is in respect of Agreement No.61 AE-IV it is stated that as per records available in the respondents office no such payment is due to the petitioner nor has any bill in this regard being submitted by the petitioner.
Learned counsel for the petitioner also submits that he does not have the bill for Agreement No.61 for the amount of Rs.75,000/- available with him and the petitioner would be satisfied if the payment of Rs.20,987/- is made against the Agreement No.385/AE-II.
However, since this is a writ petition of the year 2008 and the learned Standing Counsel also does not have any instructions as to whether during this period of 10 years payments have been made to the petitioner or not, we dispose of this writ petition with a direction that in case payment of Rs.20,987/- has not already been made to the petitioner the same shall be made to the petitioner positively by 20th December, 2018.
Order Date :- 27.11.2018 N Tiwari