Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:90601-DB Court No. - 40 Case :- WRIT - C No. - 36638 of 2022 Petitioner :- Ram Dhiraj Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Murari Tripathi Counsel for Respondent :- C.S.C.,Udit Chandra Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State and Sri Udit Chandra, learned counsel appearing on behalf of the Electricity Department through V.C.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial reliefs:
"(i) issue a writ order or direction in the nature of certiorari quashing the order dated 02.11.2022 passed by respondent no.3. (ii) issue a writ order or direction in the nature of mandamus directing the respondent to make payment of the remaining amount of Rs.11,98,714/- of the work order of Agreement No.37/2015- 16 dated 16.03.2016, as per the letter dated 02.09.2021 of respondent no.4 with interest thereon at the Rate 6 Per cent per Annum with stipulated period fixed by this Hon'ble Court."
3. Upon perusal of the present petition and the affidavits filed therein, there appears to be a controversy with regard to the amount payable to the petitioner. The respondent authority admitted paying a sum of Rs.58,64,280/- and that no further amount is due to the petitioner. This particular fact is controverted by the petitioner, who claims that further amount is due to him.
4. Since there are disputed facts involved in this matter, we are of the view that the writ Court is not the correct forum to adjudicate the same.
5. Accordingly, we dispose of the writ petition with liberty granted to the petitioner to invoke the arbitration clause available in the contract. If the petitioner invokes the arbitration clause within a period of two weeks from date, the respondent authorities to act on it expeditiously and proceed in accordance with law. Order Date :- 27.5.2025 Kuldeep (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad