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2025 DAILYLAW 77249 (ALL)

M/S JATIN BUILDTECH PVT. LTD. v. STATE OF U.P. AND 3 OTHERS

WRIC/23685/2025 · 2025-10-06

Neeraj Tiwari, Vivek Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23685 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard Sri P.K. Jain, learned senior counsel assisted by Sri Lalit Kumar, learned counsel for the petitioner and learned standing counsel for the respondents. 3. Present petition has been filed for quashing of the impugned order dated 22.06.2024 passed by respondent no. 3- Superintending Engineer Banda Circle, PWD, Banda. 4. Learned senior counsel pointed out that as per paragraph 24(1) of General Conditions of Contract, in case of dispute of difference, competent authority shall, within a period of 45 days after being requested in writing by the Contractor to do so, convey his decision to the Contractor. Learned senior counsel submitted that by invoking paragraph 24(2) of General Conditions of Contract, petitioner has written letter dated 01.10.2024 to Superintending Engineer Banda Circle, PWD, Banda, but decision has not been taken, therefore, present petition has been filed. 5. This case was heard on 06.08.2025 and Court has directed to petitioner's counsel to clarify who is the competent authority under the contract and similar direction was also given to learned Additional Chief Standing Counsel. By way of supplementary affidavit, learned senior counsel informed that competent authority is respondent no. 3- Superintending Engineer Banda Circle, PWD, Banda, which is not Versus Counsel for Petitioner(s) : Lalit Kumar Counsel for Respondent(s) : C.S.C. M/S Jatin Buildtech Pvt. Ltd. .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) disputed by learned standing counsel. 6. Under such facts of the case, writ petition is disposed of with direction to respondent no. 3- Superintending Engineer Banda Circle, PWD, Banda to decide the objection of petitioner dated 01.10.2024 annexed as Annexure 7 to the writ petition within 45 days from the date of production of certified copy of this order and communicate the decision so taken to the petitioner. 7. It is made clear that in case, decision has already been taken, copy of same shall be provided to the petitioner within the same time and no fresh consideration is required. October 7, 2025 Arvind WRIC No. 23685 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad