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2025 DAILYLAW 192705 (ALL)

M/S M.M.G. AND SONS INDIA TRADING COMPANY v. STATE OF U.P. AND 4 OTHERS

WRIC/36804/2025 · 2025-10-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36804 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the petitioner and Sri Shri Udit Chandra, learned Standing Counsel for the State-respondents No. 2 to 5. 2. The present writ petition has been filed seeking the following relief:? "I). Issue a writ, order or direction in the nature of mandamus to pay the amount of Rs. 8,09,196/- (Eight Lacs Nine Thousand One Hundred Ninty Six only) with interest at the market rate to the petitioner within one month." 3. Learned counsel for the petitioner submits that the aforesaid amount of Rs. 8,09,196/- has been admitted by respondent No. 4, Executive Engineer, Electricity Distribution Division-II, Mughalsarai, District Chandauli, however, the payment has not been made till date. It is further submitted that for the payment of the said amount, the petitioner has made a representation dated 8.8.2025, but till date neither any payment has been made nor has the said representation been decided. It is emphasized that as on date, no payment has been made by the respondents. Lastly, it is submitted that a direction may be issued to respondent No. 2 to decide the said representation and make the payment within a stipulated time. 4. Learned counsel for the respondents submits that the respondent no.3 is the Competent Authority to decide the representation and make necessary payment, if due, therefore, petitioner may be directed to file a fresh representation before the respondent no.3. In case any such representation is filed, the same shall be considered and decided expeditiously in Versus Counsel for Petitioner(s) : Dr. Akhilesh Kumar Counsel for Respondent(s) : C.S.C., Udit Chandra M/S M.M.G. And Sons India Trading Company .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) accordance with law. 5. In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner to move a fresh representation along with a certified copy of this order before respondent No. 3 within two weeks from today. In case any such representation is filed, respondent No. 3 is directed to consider and decide the same, in accordance with law, within a maximum period of six weeks thereafter and make necessary payment, if found due. 6. It is made clear that this Court has not adjudicated the case on merits. It shall be upon respondent No. 3 to pass an appropriate order after considering the relevant rules as well as the facts of the case. October 29, 2025 ADY WRIC No. 36804 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad