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2025 DAILYLAW 109909 (ALL)

M/S SANTOSH KUMAR PANDEY v. State of UP AND 5 OTHERS

WRIC/40319/2024 · 2025-02-26

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27202-DB Court No. - 29 Case :- WRIT - C No. - 40319 of 2024 Petitioner :- M/S Santosh Kumar Pandey Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Lokesh Kumar Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and learned State Counsel for the State-respondents. The petitioner claims to be a registered contractor who has performed various works for Public Works Department and states that payment for the work done has already been released. However, in terms of the contract, 5% amount towards retention money has been withheld. It is urged that since the defect liability period is also over, the respondents ought to release retention money. Learned State Counsel states that such grievance of the petitioner would be got examined by respondent no.2. In that view of the matter, we permit the petitioner to approach 2nd respondent along with copy of this order annexing all materials in support of his claim for release of the retention money. The 2nd respondent would get the fact verified and would ensure that amount found due and payable in terms of the contract is released to the petitioner within a period of two months. It is made clear that we have not adjudicated the entitlement and direction to release the amount is only in respect of the admitted dues. Order Date :- 27.2.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad