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Neutral Citation No. - 2025:AHC:118464-DB Court No. - 21 Case :- WRIT - C No. - 23166 of 2025 Petitioner :- M/S Rituraj Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Hans Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The instant petition has been filed for the following relief:-
"i. Issue a writs, order or direction in the nature of Mandamus directing to the respondent No.2,3 and 4 to pay the petitioner Rs.3,50,000/- deposited by him as advance for registration against the proposed consstruction of road in District Mahoba from village Kharela and accordingly the agreement No.72/S.E. dated 04.01.2011 came into existence between the petitioner and respondent authorities alongwith upto date interest expeditiously within the period stipulated by this Hon'ble Court."
2. The petitioner is a proprietorship concern. The amount of which, petitioner is seeking refund, was allegedly deposited by the petitioner under a Work Contract with the respondents executed on 04.01.2011 i.e. 14 years back.
3. Learned counsel for the petitioner places reliance on an endorsement made on 07.09.2017 by certain officer on an application of the petitioner filed in this behalf. It is to the effect that in case the petitioner has completed the work and there is no allegation against the petitioner, there is no justification for keeping his claim pending.
4. Learned counsel for the petitioner has placed reliance on a
judgment of M/s Surya Constructions Vs. The State of U.P. and others (2019) 16 SCC 794, wherein the Supreme Court has held that although in writ jurisdiction, ordinarily monetary claim is not to be examined, but where the amount due is admitted, the writ court can issue appropriate directions.
5. We are not inclined to examine the claim, in the first instance. The writ petition is disposed of by providing that appropriate
decision shall be taken by the respondents expeditiously on filing of copy of the instant order before them.
Order Date :- 21.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad