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2025 DAILYLAW 105035 (ALL)

JITENDRA SAXENA v. State of UP AND ANOTHER

WRIC/35983/2024 · 2025-02-16

Ashwani Kumar Mishra, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22609-DB Court No. - 29 Case :- WRIT - C No. - 35983 of 2024 Petitioner :- Jitendra Saxena Respondent :- State of U.P. and Another Counsel for Petitioner :- Dharmendra Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel appearing for respondent Nos.1 & 2. 2. This writ petition has been filed with the prayer to direct the respondent no.2 to pay due amount of Rs.6,71,151/- for providing vehicle for transportation. 3.The petitioner claims to have supplied transport vehicle to the respondent No. 2 and final bills were submitted in respect of such services. The respondents have evaluated the petitioner's claim and have found a sum of Rs.12,12,561/- to be payable to the petitioner. Remaining amount of Rs.6 lakhs and odd has been denied on the ground that said amount is not due and payable. Being aggrieved, the petitioner approached this Court. 4. To what extent and to what amount any further is payable to the petitioner, is an aspect which can be determined after evidence is entertained regarding actual work performed by the petitioner. Such issues ordinarily cannot be entertained in writ jurisdiction. Remedy available to the petitioner is to approach the competent civil Court or to avail arbitration, if such an agreement exists. 5. Leaving it open for the petitioner to said remedy, this writ petition is consigned to records. Order Date :- 17.2.2025 P.P. Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad