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2025 DAILYLAW 108719 (ALL)

M/S NAND KISHOR v. State of UP AND 5 OTHERS

WRIC/39208/2024 · 2025-03-10

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35422-DB Court No. - 29 Case :- WRIT - C No. - 39208 of 2024 Petitioner :- M/S Nand Kishor Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Pradeep Kumar,Siddhartha Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This petition has been filed challenging an order passed by the authorities dated 17.08.2024 and 03.10.2024 whereby the payment against running bills have been denied to the petitioner. The petitioner is also prayed for a mandamus to be issued to the respondents to pay the amount due against running bill/ final bill amounting to Rs.2,71,960/- in respect of Contract Bond dated 11.11.2020 as well as Rs.5,46,894/- in respect of Contract Bond dated 15.10.2021. The writ petition was entertained after noticing the petitioners contention in para 17 that MM-11 was provided by the petitioner at the time of submission of the running bills. Instructions in the matter consequently were invited from the respondents. The instructions of the respondents are furnished by the learned Standing Counsel which is taken on record. Its copy is also furnished to the learned counsel for the petitioner. As per the instructions the petitioner had not provided the MM-11 receipts and, therefore, the payment has been withheld to the petitioner. Learned counsel for the petitioner also states that petitioner is no longer in possession of the MM-11 documents. Learned Standing Counsel submits that in such circumstances, the action of respondents in withholding release of amount against petitioner's bill needs no interference. At this stage, learned counsel for the petitioner has invited Court's attention to the order dated 03.10.2024 which states that in the event MM-11 document is not produced the amount of royalty will be deducted from the petitioner's bill and only the balance amount would be provided. Since, MM-11 form admittedly is not available to the petitioner we deem it appropriate to dispose of this writ petition with a direction upon the executive engineer i.e., respondent no.4 to ensure that claim of the petitioner for release of amount be processed even in the absence of MM-11 forms towards royality and if any amount still remains payable in terms of the applicable Government Order the same shall be released to the petitioner within a period of six weeks. Order Date :- 11.3.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad