M/S K.B. AND SONS ALAMBAGH LKO. THRU. PROPRIETOR MAN MOHAN BIR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. TECHNICAL EDUCATION LKO. AND 3 OTHERS
WRIC/7310/2024 · 2025-10-29
Prashant Kumar, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180732 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180732 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 7310 of 2024 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has sought for the following substantial reliefs:-
"I. issue a writ, order or direction in the nature of Mandamus to the Opposite Party No. 2 to 3 to clear the outstanding bills as mentioned in Paragraph-10 of this writ petition and make the payment of 14,63,377-00 of undisputed claim as mentioned in Para 10 of the writ petition for contractual work performed by the petitioner with respect to purchase orders both dated-01.09.2019- 07.09.2019 with respect to Tender Package code in Para-6 Annexure No. 3 and 4 to this writ petition respectively. II. issue a writ order or direction in nature of mandamus to the Opposite Party No. 2 and 3 to release the security money of 5% deposited of the petitioner. III. issue a writ order or direction in nature of mandamus to the Opposite Party No. 2 to 3 to pay interest @ 9% per annum of the unpaid claim, from the date when the claim was due and till the time the same is paid to the petitioner."
3. In the counter affidavit filed by the respondent No.3 being the Versus Counsel for Petitioner(s) : Mahendra Pratap Singh, Sushma Tiwari Counsel for Respondent(s) : C.S.C., A.S.G.I., Lalit Shukla, Umesh Singh M/S K.B. And Sons Alambagh Lko. Thru. Proprietor Man Mohan Bir .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Technical Education Lko. And 3 Others .....Respondent(s)
Director, Institute of Engineering & Technology, the following submission has been made :-
"24. That with regard to the contents of para-10 of the writ petition it is submitted that a sum of Rs. 14,92,718.00 is pending due to non-availability of funds from the funding agency from the Central Government. For that purpose, the institute is continuously making correspondence from the concerned authority. It is further submitted that in the writ petition mentioned in para under reply, a counter affidavits by the answering opposite parties and the Union of India have already been filed and the writ petition is still pending.
Allegations to the contrary made in para under reply are wrong, incorrect and are denied."
4. In light of the above submission, it is clear that the payment to the petitioner is not being made only due to paucity of funds arising from non-payment from the funding agency, i.e., the Central Government. 5. In light of the same, since there is no dispute with regard to the payments to be made to the petitioner, we direct the Central Government to ensure that the amount of Rs.14,92,718/- is paid to the respondent No.3 within a period of three weeks from date. 6. The moment the fund is received by the respondent No.3, the same should be transferred to the petitioner, preferably within a period of two weeks from the date of receipt of the said fund. 7. With the above direction, the writ petition is disposed of. October 29, 2025 cks/- WRIC No. 7310 of 2024 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench