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2025 DAILYLAW 124156 (ALL)

M/S AKASH TRADING COMPANY THRU. PROPRIETOR DHARMENDRA KUMAR SHARMA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF RURAL DEVELOPMENT LKO. AND 5 OTHERS

WRIC/1658/2025 · 2025-02-24

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11443-DB Court No. - 2 Case :- WRIT - C No. - 1658 of 2025 Petitioner :- M/S Akash Trading Company Thru. Proprietor Dharmendra Kumar Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Rural Development Lko. And 5 Others Counsel for Petitioner :- Girish Kumar Pandey,Rao Iqbal Mohammad Khan Counsel for Respondent :- C.S.C.,Rishabh Kapoor Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Power filed today by Shri Parimal Bhatt, Advocate on behalf of opposite party No.2 to 6 is taken on record. 2. Heard. 3. Petitioner seeks payment of dues amounting to Rs. 2,39,26,459/- including refund of security which was submitted in the form of FDR for work performed by it from 2015 to 2020. 4. Learned Counsel for the opposite party No.2 to 6 disputes the claim of the petitioner based on written instructions received by him and says that the work was not complete. 5. We do not express any opinion on the submission of learned Counsel for the opposite party No.2 to 6, however, considering the time lapse and the disputed questions of fact, we do not find it a fit case for interference under Article 226 of the Constitution of India, we however, leave it open for the petitioner to pursue other remedies but only in so far as, the law permits. 6. Subject to above, the writ petition is dismissed. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 24.2.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench