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2025 DAILYLAW 163536 (ALL)

HARJINDER SINGH NARWAL v. STATE OF U.P. THRU. PRIN. SECY. IRRIGATION LKO. AND 3 OTHERS

WRIC/8920/2025 · 2025-09-15

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8920 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 respondents. 2. This writ petition has been filed with the following main prayers:- "(i). Issue a writ order or direction in the nature of certiorari to thereby quash the impugned order dated 16.01.2024 passed by the opposite party no.4 bearing letter no. 119, in the interest of justice, contained as Annexure. No. 1 to this writ petition ; (II) Issue a writ order or direction in the nature of mandamus to direct the opposite party no.4 to make the payment of admitted dues of work done by the petitioner i.e. amounting to Rs. 39,70,885.00/- (Thirty nine lakhs seventy thousand eight hundred eighty five) with interest admissible under the law to the petitioner, in the interest of Justice." 3. It is the case of the petitioner that earlier the petitioner filed a writ petition bearing Writ C No.4872 of 2022 (Harjinder Singh Narwal vs. State of U.P. and others) before this Court praying for issuance of a direction to the respondents to pay the admitted amount of Rs.39,70,885.00/- (Thirty nine lakhs seventy thousand eight hundred eighty five). The said writ petition was disposed of on 06.11.2023 with a direction to the respondents to decide the representation of the petitioner. The representation has been decided by the order dated Versus Counsel for Petitioner(s) : Dinesh Chandra Tewari, Chandra Bhushan Panday Counsel for Respondent(s) : C.S.C. Harjinder Singh Narwal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Irrigation Lko. And 3 Others .....Respondent(s) 16.1.2024 rejecting the claim of the petitioner saying that the entire amount which was admitted has been paid to him. Hence. the present petition has been filed. 4. We have gone through the impugned order where mention has been made of a contract being signed between the petitioner and Irrigation Department relating to renovation work done in Sharda Nagar Colony. The work order was issued in 2016 and was completed in the year 2018 but after several extensions of time being granted to the petitioner on his request. The petitioner has already been paid Rs.2,04,34,490/- as his due to him. With regard to surety amount of Rs.14,25,000/- necessary payment has been done on 11.1.2024. No dues are left to be paid. 5. Learned counsel for the petitioner, however, insisted that there are certain dues that have not been paid by the respondents. We find that the petitioner has raised disputed questions of fact which cannot be decided only on the basis of affidavit filed in the writ petition. if the petitioner is aggrieved by non- payment of certain dues, he may file a suit for recovery of the same, if limitation permits. 6. The writ petition is disposed of. September 15, 2025 Pks WRIC No. 8920 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench