Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 52147 (ALL)

M/S KP SINGH CONTRACTOR AND SUPPLIER v. STATE OF U.P. AND 2 OTHERS

WRIC/14079/2025 · 2025-08-31

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 14079 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. The common prayer made in the present batch of petitions is for directing the State to return retention money to the petitioners as the work under the contract has been successfully executed. In most of the cases, the liability to refund the retention money, which was by way of security for due performance of the contract, is admitted but the stand taken is that sometime back, new online budget system portal (Chanakya Portal, U.P.) was launched for making online payments. In the said system, on account of absence of definite field for refund of retention / security money, the amounts are not being returned. 2. As large number of petitions were being filed with the same prayer, therefore, we required respondent no. 1 to provide for suitable mechanism to redress the issue and to file his compliance affidavit. 3. Sri Rajeev Gupta, learned Additional Chief Standing Counsel appearing for the State, states that despite due intimation to respondent no. 1, he has not received any response from his office nor any request has been received from him for seeking further time much less filing any affidavit as desired. He has however placed on record instructions received from Executive Engineer, Provincial Division, PWD, Sambhal stating that it requires a policy decision and therefore, more time would be needed. 4. A large number of cases are already tagged with the present writ petition and atleast 03 more petitions with similar claim have come up Versus Counsel for Petitioner(s) : Ram Krishna Dubey Counsel for Respondent(s) : C.S.C. M/S Kp Singh Contractor And Supplier .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) before us since morning. It was expected of the respondents to have taken the matter seriously. 5. In the instant case, learned counsel for the petitioner states that although security money/ retention money has not been paid to the petitioner but for the reason, which, he does not want to state before this Court, he has been instructed to make prayer to this Court for withdrawal of the writ petition. 6. As the issue in any event is required to be resolved as there are other similar claims, therefore, while permitting the petitioner to withdraw the present petition, we require respondent no. 1 to ensure that retention money/ security deposit in other connected cases where the claim is not in dispute, is honored within two weeks from today, failing which, respondent no. 1 will remain present in the Court alongwith proper explanation. 7. Accordingly, the present petition stands disposed of. 8. Copy of the instant order shall be placed on record of other cases and will govern the said cases. September 1, 2025 Dhirendra/ WRIC No. 14079 of 2025 2 (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad