Court No. - 38
Case :- WRIT - C No. - 43320 of 2008 Petitioner :- M/S Pragati Associates And Another Respondent :- State Of U.P. And Others Counsel for Petitioner :- N.K. Pandey,Sudha Pandey Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Rajiv Gupta,J.
The petitioner no. 1 claims itself to be a proprietor firm under the U.P. Trade Tax Act and is also Government Contractor in general order for supplying the contingency items, stationery items etc. in Government Offices.
It is submitted that C.M.O., Allahabad by its order dated 17.3.2000 directed the petitioner to supply stationery items such as stock book, register, white paper, blue carbon, file cover etc. The petitioner claimed that items have been supplied and the same have been received by the office of the C.M.O., Allahabad and the petitioner has submitted its bill for the supply of the goods on 1.4.2000 for a sum of Rs. 20,716/- and other similar bills totalling a sum of Rs. 51,000/- and odd but that amount has not been paid to the petitioner in spite of various representations.
The last order has been passed on 8.3.2007 from the office of C.M.O., Allahabad, which although accepts the amount to be paid to the petitioner and it is stated that the amount has not been received in the office and if the amount is received, the same will be paid to the petitioner.
It is to be noted that order dated 8.3.2007 has been passed after verification report from the audit department that the bill is outstanding and is payable to the petitioner.
Learned counsel for the petitioner submits that in spite of that order of 2007 till date no amount has been paid.
No counter affidavit has been filed in the present case.
In our view, no fruitful purpose will be served in keeping the writ petition pending any further and therefore, this writ petition is disposed of with a direction to the C.M.O., Allahabad that in case, the amount along with interest claimed by the petitioner has not been paid, the same amount along with admissible interest be paid to the petitioner within three months from the date a certified copy of this order is presented before it and in case, the C.M.O., Allahabad disputes the amount claimed by the petitioner, he will pass an appropriate order within the same period to that effect.
Order Date :- 23.8.2018 A. Pt. Singh (Rajiv Gupta, J.) (Abhinava Upadhya,J.)