2025:UHC:2766-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 16TH APRIL, 2025 WRIT PETITION (M/B) No. 553 OF 2024 M/s Jyotimarya Enterprises. …Petitioner Versus State of Uttarakhand and others. …Respondents Counsel for the petitioner. : Sri Maneesh Bisht, learned counsel. Counsel for the respondents. : Sri B.S. Parihar, learned Standing Counsel for the State of Uttarakhand. JUDGMENT : (per Sri G. Narendar, C.J.) IA No. 02/2025 has been preferred by the petitioner to withdraw the Writ Petition. The Court sought for clarifications, regarding Annexure No. 1 to the Counter Affidavit filed by the State. The translated copy of the same reads as under : “To, Assistant Engineer, Minor Irrigation Subdivision, Haldwani, Nainital. Subject:Regarding payment for Contract No. 54/2022-23 dated 02.08.2023. Sir, In reference to the subject mentioned above, a report has been sought regarding the non-payment for Anandpur Part A2, Contract No. 54/2022-23 dated 02.08.2023. In this regard, it is to be informed that the contractor has constructed 340 meters of the Channel/Gool using substandard materials and poor workmanship. Consequently, I issued a notice to the contractor on 03.11.2022, instructing them to carry out the work in accordance with quality standards. In response, the contractor demolished approximately 90.00 meters of the Channel/Gool, while the remaining work remains unchanged. Since the work is still not being executed as per the required standards despite repeated instructions, and no reconstruction has been carried out, it is not possible to measure the work. Your Sincerely, Junior Engineer Minor Irrigation (Haldwani)” 1 2025:UHC:2766-DB 2. The reason for non-payment is apparent. Be that as it may, IA No. 02/2025 is allowed. The Writ Petition is dismissed as withdrawn. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. _______________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 16th April, 2025 Rahul 2