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2025 DAILYLAW 120444 (ALL)

SHRI TRADERS NEWARI THRU. ITS PROPRIETOR HARI SHANKAR SINGH v. STATE OF U.P. THRU. SECY. SOCIAL WELFARE AND 5 OTHERS

WRIC/994/2025 · 2025-02-11

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8787-DB Court No. - 2 Case :- WRIT - C No. - 994 of 2025 Petitioner :- Shri Traders Newari Thru. Its Proprietor Hari Shankar Singh Respondent :- State Of U.P. Thru. Secy. Social Welfare And 5 Others Counsel for Petitioner :- Surya Narayan Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. This Court has passed the following order on 10.02.2025:- "Heard. The petitioner claims certain dues to the tune of Rs. 12,70,934/- for work performed by him for the Social Welfare Department. The District Social Welfare Officer, Balrampur has instructed the learned Standing Counsel that budget has been sought from the Director, Social Welfare, Lucknow, who in turn has sent instructions to Shri Shailesh Tiwari, learned Standing Counsel to seek one month's time to enable him to provide instructions to the Court. The letter of the Director, Social Welfare dated 31.01.2025 is taken on record. An officer stationed at Lucknow, if he seeks one month's time just to provide instructions, then one can only imagine as to how much time he needs for filing counter affidavit. Let the Officer join these proceedings tomorrow at 02:15 P.M. through video conferencing after providing requisite instructions to the learned Standing Counsel or furnishing an explanation as to what for, he needs one month's time for the said purpose. Office to provide necessary link to the concerned for the aforesaid purpose. List/Put up this case tomorrow i.e. 11.02.2025 as fresh. Let a copy of this order be provided to learned Counsel for the parties today itself on payment of usual charges. A copy of this order be also sent to the Principal Secretary (Law) / Legal Remembrancer, U.P. for his information by Shri Shailesh Tiwari, learned Standing Counsel today itself along with a copy of the instructions provided by the Director, Social Welfare, Lucknow." The officer Sri Prashant Kumar, Director, Social Welfare, Lucknow has joined the proceedings through video conferencing. He says that his intention in the instructions provided to the learned Standing Counsel was to seek a month's time for making payment and not for filing instructions but the letter was not happily drafted. We accept his explanation. Today, Sri Prashant Kumar, Director, Social Welfare, Lucknow says that funds have already been allocated and transmitted to the District Social and Welfare Officer, Balrampur for payment to the petitioner after completing the formalities. In view of the above, the District Social and Welfare Officer, Balrampur is directed to look into the matter and, if the funds are now available, to make payment to the petitioner as per rules positively within fifteen days. The Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 11.2.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench