Neutral Citation No. - 2025:AHC:110475-DB Court No. - 21 Case :- WRIT - C No. - 2309 of 2025 Petitioner :- Rajesh Kumar Bind Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pavan Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayer has been made in the writ petition: "a. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to make the payment of Rs.5,12,373.00 to the petitioner with 12% interest due for the work done by the petitioner during Magh Mela 2015-16 work." 2. On 08.04.2025, a Coordinate Bench had passed the following order: "Heard learned counsel for the parties. Following orders were passed on 06.03.2025: "Contention is that though, petitioner's claim has been accepted for payment of work done during Magh Mela vide order dated 25.11.2017, yet the amount has not been released. Learned Standing Counsel prays for and is granted time to obtain instructions in the matter. Put up once again as fresh on 20.03.2025." Learned State Counsel has obtained instructions, according to which work was allotted to the petitioner for a sum of Rs.5,87,370/- out of which Rs.3,00,000/- has been paid to the petitioner in the year 2016. The petitioner has now submitted bill of Rs.8,12,373. According to the respondents, demand of balance amount of Rs.5,12,373 is not due and payable. Instructions of the Executive Engineer do not dispute entitlement of the petitioner to be paid balance sum pursuant to award of contract for Rs.5,87,370 in the year 2016 itself. Only Rs.3,00,000/- has been paid against it. Rs.1,59,547/- is admitted to be due and payable for which budgetary allocation is sought by the concerned official from the State. The stand of the State that due to paucity of funds, such amount has not been paid, cannot be appreciated. The State having taken work from the petitioner way back in the year 2016 cannot withhold the admitted sum for almost 10 years. In the facts of the case, we call upon the Additional Chief Secretary, Irrigation and Flood Department, U.P. Lucknow to file his personal affidavit explaining as to how the authorities of the State are acting as even admitted dues of contractors are not being paid for almost 8 to 9 years. Manner in which the authorities of the State are dealing with grievance of the petitioner cannot be approved of. The authorities must evolve appropriate procedure to ensure that the admitted dues are released within a reasonable time. The Additional Chief Secretary would also clarify as to how the State proposes to compensate the petitioner in view of the settled position that payment of interest is necessary corollary of any withheld sum on the part of the State. Such personal affidavit be filed by the Additional Chief Secretary by 22.04.2025. Post as fresh, once again, on 22.04.2025." 3. Perused the personal affidavit of Principal Secretary, Irrigation and Water Resources, Government of U.P., Lucknow filed in compliance of the previous order of this court. According to it, the amount which remains unpaid is Rs.1,27,103/- and the said amount is to be paid by the Mela Administration from the fund released to it. It is stated that the payment of the remaining amount could not be made to the petitioner on account of paucity of funds. 4. Letters have been sent to the Principal Secretary, Urban Development Department, Government U.P., Lucknow to take necessary steps for release of funds. Copy of one such letter dated 17th April, 2025 has been annexed alongwith the personal affidavit. 5. Learned counsel for the petitioner states that the petitioner is ready to accept the balance amount of Rs.1,27,103/- alongwith interest of 8 per cent per annum in full and final settlement of his claim. 6. As the Principal Secretary, Urban Development Department, Lucknow would be responsible for payment of the balance amount, but is not a party to the instant proceedings, therefore, we grant liberty to the petitioner to implead him as a party respondent. 7. Accordingly, we dispose of the instant petition with direction to the newly impleaded respondent to ensure that the remaining amount i.e., Rs.1,27,103/- alongwith interest of 8 per cent per annum is paid to the petitioner within four weeks from the date of communication of the instant order before the said respondent. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 10.7.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad