Court No. - 3
Case :- WRIT - C No. - 25036 of 2020 Petitioner :- Shreesh Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramakant Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
The prayer in this petition is to command the third respondent (Block Development Officer, Block Ram Nagar, Tehsil Rajapur, District Chitrakoot) to ensure payment of certain dues, along with 9% interest, payable to the deceased contractor Shudha Mishra (mother of the petitioner) in respect of certain works completed by her under the work plan of the year 2015-16.
In the writ petition though it is stated that some amount was paid to the contractor but it is not disclosed when that amount was paid and when the dues became payable. However, from the document annexed at page 52 of the paper book it appears that the balance amount was payable in the year 2015, which is much more than three years from now. Moreover, the petitioner is not the contractor but claims himself to be successor of the contractor.
Under the circumstances, as the claim is by an alleged successor of the contractor and in respect of money claim under a work contract of 2015-16, we decline to entertain this petition in exercise of our writ jurisdiction but leave it open to the petitioner to take recourse to such other civil remedies, as may be advised.
Subject to above, the petition is dismissed.
Order Date :- 8.1.2021 AKShukla/-