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2025 DAILYLAW 7129 (ALL)

JAGDISH SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/810/2025 · 2025-01-15

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6489-DB Court No. - 29 Case :- WRIT - C No. - 810 of 2025 Petitioner :- Jagdish Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and learned State Counsel for the State-respondents. The petitioner is a contractor who had undertaken various works pursuant to a contract settled in his favour. It is asserted that dues of the petitioner are admitted but only due to lack of funds, such amount is not being released. Attention of the Court has been invited to the communication issued by Superintending Engineer on 26.07.2024 whereby a direction has been issued to release the admitted dues. Submission is that notwithstanding repeated communication issued, the admitted dues of the petitioner are not being released. Learned State Counsel submits that the admitted dues of the petitioner shall be released at the earliest in accordance with law. Considering nature of the order proposed to be passed, we do not deem it necessary to grant opportunity to the State Counsel for filing counter affidavit. In facts of the case, we permit the petitioner to approach 4th respondent who will examine the petitioner's claim in the light of the communication issued by the Superintending Engineer concerned on 26.07.2024. The fourth respondent shall ensure that the admitted dues of the petitioner, if any, is released to him within a period of two months in accordance with law. The petitioner claims for payment of interest in terms of the applicable provisions would also be redressed within the same period. We make it clear that we have not adjudicated the entitlement of the petitioner to receive such amount and all factual issues are left open for examination at the level of the 4th respondent, at the first instance. Accordingly, the instant writ petition is disposed of. Order Date :- 15.1.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad