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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34789 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Sri Ashutosh Gupta, learned counsel for the petitioner and Sri Deepak Chauhan, learned Additional Chief Standing Counsel for the State respondents.
2. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for payment of compensation which has become due on account of construction work completed under the Wellness Centre Scheme.
3. Per contra it is submitted by learned Additional Chief Standing Counsel that since the petitioner has not carried out the constructions completely, an order has come to be passed on 5.7.2025 denying further payment of dues.
4. In our considered view this amounts to disputed questions of fact to be determined by the Authority. It requires examination as to whether petitioner has carried out constructions on the spot or not and looking to the Memorandum of Understanding, we find, vide paragraph 26 of the MoU it is provided that any dispute if arises in the matter of construction to be carried out under the agreement reached between the parties, such dispute is required to be settled as per the provisions contained in the Government Order No. 156/Chavalish-2-156/91-92, dated 05-02-1992. From the paragraph 26, it is also reflected that the Government Order stands appended to the Memorandum of Understanding itself. Versus Counsel for Petitioner(s) : Ashutosh Gupta Counsel for Respondent(s) : C.S.C. Pradeep Kumar Goyal .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s)
4. In the circumstances, we decline to grant indulgence at this stage and leave it open for the petitioner to raise his plea before the concerned competent authority designated to settled the dispute under the Government Order dated 5.2.1992. We further provide that in the event petitioner moves any such application to settle the dispute under the Government Order dated 5.2.1992 before the concerned authority within four weeks from today, the said authority shall proceed to decide this dispute within a further period of two months.
5. With the aforesaid observations and direction, petition stands disposed of. October 7, 2025 Kirti WRIC No. 34789 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad