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2025 DAILYLAW 62032 (ALL)

ANURAG GUPTA v. STATE OF UTTAR PRADESH AND 5 OTHERS

WRIC/16664/2025 · 2025-05-21

Arun Kumar Singh Deshwal, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86974-DB Court No. - 3 Case :- WRIT - C No. - 16664 of 2025 Petitioner :- Anurag Gupta Respondent :- State Of Uttar Pradesh And 5 Others Counsel for Petitioner :- Nikhil Pandey Counsel for Respondent :- C.S.C.,Tahir Husain Farooqui Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. The present petition has been filed praying for the following reliefs to :- A. issue a writ, order or direction in the nature of mandamus commanding the respondent no. 5 to release the payment of the bill dated 20.08.2024 of Rs.39,40,521/- to the petitioner along with interest for illegally retaining the said amount; B. issue any other writ, order or direction which this Hon'ble Court may deem fit in the facts and circumstances of the case; C. award costs of the petition to the petitioner. 2. It has been stated that the amount is due to the petitioner for having constructed a nala under a contract executed with the Nagar Panchayat Kachhala, Budaun. 3. The averments made in the writ petition as well as the instructions received by Sri Tahir Husain Farooqui representing respondent nos. 5 and 6 show that there is some dispute between the petitioner and the Nagar Panchayat regarding the standard of work done by the petitioner under the contract and as to whether the work has been done according to the specifications agreed between the parties and the Nagar Panchayat. It is also apparent from the aforesaid documents that some enquiry is being conducted by the District Magistrate on the claim of the petitioner. 4. We make no observations on the enquiry allegedly being conducted either by the District Magistrate or at the instance of the District Magistrate. The issue raised in the present petition involves disputed question of fact which cannot be decided in proceedings under Article 226 of the Constitution of India. The petitioner may exercise other remedies available under the law. 5. The petition is accordingly, dismissed. Order Date :- 22.5.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad