Court No. - 40
Case :- WRIT - C No. - 36312 of 2018 Petitioner :- M/S Raman Singh Tomar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Raj Pandey Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner.
The petitioner claims certain amount which remains unpaid according to him due to certain excess work having been done by him at the instance of the respondents. This is reflected from the letter dated 2nd of July 2018 appended as annexure no. 6 to the writ petition.
Learned counsel submits that the proposal has already been forwarded, yet no action has been taken and according to him this amount is not disputed.
What we find from the said letter that the said excess work amount which is being claimed by the petitioner has been proposed for being finalized by the Development Authority, Baghpat. The relevant Committee has not yet taken any decision, and there is nothing on record to indicate that any final decision has been taken so as to construe that the amount is an admitted amount.
We are therefore not inclined to entertain this petition. It will be open to the Development Authority to take appropriate action and consider the request of the petitioner in accordance with law on the proposal made after examining the correctness or otherwise of the same as expeditiously as possible. A writ for payment of the amount would therefore not be maintainable. It will be open to the petitioner to recover the same from the Development Authority in accordance with law. Consigned to records.
Order Date :- 31.10.2018 M. ARIF