M/S CHANDRA BHAN DAU DAYAL TENT MANUFACTURERS AND CONT.AND ANR. v. STATE OF U.P. THRU CHIEF SECY. AND OTHERS
WRIC/366/2013 · 2025-02-13
Arun Kumar Singh Deshwal, Ashwani Kumar Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50247 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50247 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:21131-DB Court No. - 29 Case :- WRIT - C No. - 366 of 2013 Petitioner :- M/S Chandra Bhan Dau Dayal Tent Manufacturers And Cont.And Anr. Respondent :- State Of U.P. Thru Chief Secy. And Others Counsel for Petitioner :- K.S. Amist,Mool Behari Saxena Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. This petition is directed against the order passed by the Relief Commissioner U.P. dated 08.08.2012 whereby admitted claim of the petitioner in respect of claim of payment of rent for the tent and other materials supplied in the year 1999, has been accepted. The amount, which was found payable, has been released. This
order is assailed on the ground only 80% of the claim has been accepted and balance amount has been arbitrarily withheld.
2. Learned counsel for the petitioners submits that further amount was payable to the petitioners towards the tent and other services supplied by the petitioners. It is also submitted that rejection of claim on the ground that balance claim is in respect of materials which were not found usable is arbitrary, inasmuch as, such materials were also not returned to the petitioners.
3. From the nature of dispute brought on record before this Court, it is apparent that various disputed factual issues are raised in the present writ petition. Remedy for adjudication of such disputed factual claims would be before the competent civil court. This Court would not embark upon a factual inquiry by leading evidence and thereby determine disputed claim of money. It is only in respect of undisputed and admitted claims that a writ can be issued.
4. Leaving it open for the petitioners to pursue the remedy before competent civil court, this petition is consigned to record.
Order Date :- 13.2.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad