M/S MAHADEV TREDERS THRU. PROPRIETOR SMT. GEETA JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDUCATION LKO. AND 4 OTHERS
WRIC/8576/2025 · 2025-09-03
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162428 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162428 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8576 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents, Sri Kumar Ayush, learned counsel for respondent no.5, and Sri Sarvesh Kumar Dubey, learned counsel for respondent no.4.
2. This petition has been filed by the petitioner with the following main prayers:-
"(I) Issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties No.5 to pay the dues amount of Rs-1487000/- (Fourteen Lac Eight Seven Thousand) to the petitioner's firm out of total amount of Rs- 2737000/-, for transporting Free Text books from District to BRC Stage and further from BRC Stage to Concerned School for the Financial year 2022-
2023. (II) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties particularly O.P. No-5 ie; District Basic Education officer, District-Bahraich to take appropriate legal action upon representation dated 07.04.2025 as per Law."
3. Sri Kumar Ayush, learned counsel appearing on behalf of District Basic Education Officer, Bahraich, on the basis of instructions, states that the entire payment of the petitioner has been made and there is no dues left.
4. It has been stated that since the payment has been disputed by respondent Versus Counsel for Petitioner(s) : Pawan Kumar Mishra Counsel for Respondent(s) : C.S.C., Kumar Ayush, Sarvesh Kumar Dubey M/S Mahadev Treders Thru. Proprietor Smt. Geeta Jaiswal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Basic Education Lko. And 4 Others .....Respondent(s)
no.5 and according to him, entire payment has been made in terms of the contract, if the petitioner is entitled for more than what the respondents have paid, it may approach the appropriate Civil Court for specific performance of the contract.
5. Since the writ petition raises disputed questions of fact, it is disposed of with a direction to the petitioner to approach the appropriate Civil Court in accordance with law. September 3, 2025 Sachin WRIC No. 8576 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench