M/S OM BABBA CONSTRUCTION v. STATE OF U.P. AND 6 OTHERS
WRIC/25835/2025 · 2025-08-11
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82522 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82522 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:136648-DB Court No. - 21 Case :- WRIT - C No. - 25835 of 2025 Petitioner :- M/S Om Babba Construction Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Hans Pratap Singh,Syed Ali Imam Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The case of the petitioner is that it was awarded contracts for construction of wall of Arjun Main Canal, boulder pitching and construction of hume pipe pulia. According to the petitioner, as per estimate of Junior Engineer, the estimated cost of the total work was Rs. 21,90,948/- It is alleged that respondent no. 5 i.e. Assistant Engineer-II, Sinchai Prakhand, Mahoba, prepared bill of only Rs. 13-14 lacs. The petitioner made complaint before the District Magistrate and he got an inquiry conducted through Deputy Collector. The District Magistrate on 07 September, 2024 forwarded the inquiry report dated 28.06.2024 along with relevant records to the Principal Secretary, Irrigation and Jal Sansadhan Vibhag, U.P. Government, Lucknow, for necessary action being taken at his end. The grievance of the petitioner is that the respondents have not made payment of bills of the petitioner.
2. Sri Rajiv Gupta, learned Additional Chief Standing Counsel, submits that respondent no. 1 i.e. Principal Secretary of the concerned department, to whom the inquiry report has been submtted by District Magistrate, Mahoba, will examine the claim and take appropriate decision.
3. Accordingly, without expressing any opinion on merit, the writ
petition is disposed of with direction to respondent no. 1 to examine the claim of the petitioner in light of the inquiry report dated 09.07.2024 submitted by the District Magistrate and the terms and conditions of the contract and take appropriate decision, strictly in accordance with law, within six weeks from the date of communication of the instant order along with a fresh representation. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 12.8.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad