M/S JAI MAA SIDDHIDATRI BUILD TECH THRU. PROPRIETOR PRAMOD TIWARI DISTT. BARABANKI v. STATE OF U.P. THRU. PRIN. SECY. IRRIGATION DEPTT. LKO. AND 4 OTHERS
/8003/2024 · 2025-01-24
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123506 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123506 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4977-DB Court No. - 2 Case :- WRIT - C No. - 8003 of 2024 Petitioner :- M/S Jai Maa Siddhidatri Build Tech Thru. Proprietor Pramod Tiwari Distt. Barabanki Respondent :- State Of U.P. Thru. Prin. Secy. Irrigation Deptt. Lko. And 4 Others Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J.
1. By means of this petition, the petitioner seeks a writ of Mandamus for release/payment of Rs. 24,61,752 for the work performed by him for the opposite parties, in pursuance to the contract entered into between them. As the said amount is admitted as payable to the petitioner and in this regard, the petitioner's counsel has invited our attention to paragraph no. 4, 8 and 12 of the counter afÏdavit wherein the liability has been admitted.
2. On being confronted, Shri Rajesh Tiwari very fairly submitted that it has also been mentioned in para-8 that a cheque for the due amount has been given to the petitioner but that got damaged while in the hands of the petitioner.
3. Be that as it may, once the liability is admitted even if the cheque was issued and it got damaged for any reason then there is no reason as to why a fresh cheque should not be issued to the petitioner.
4. Let fresh cheque be issued to the petitioner of the aforesaid due amount, positively, within three weeks by the concerned opposite party.
5. Accordingly, the petition is disposed of.
6. The dispute relating to interest may be raised separately by the petitioner, as per law. Order Date :- 24.1.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench