Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:135138-DB Court No. - 40 Case :- WRIT - C No. - 26909 of 2025 Petitioner :- Raja Ram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Kumar Mishra Counsel for Respondent :- C.S.C.,Saurabh Tiwari Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:-
"(a) to issue a writ, order or direction in the nature of mandamus directing the respondent no.2 & 3 to make payment towards the work completed by the petitioner's firm; (b) to issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 & 4 to decide the representation of the petitioner dated 25.07.2025 within a short and specific period, as may be specified by this Hon'ble Court; (c) to issue a writ, order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case. (d) to award the cost of the petitioner."
3. It is contended by the learned counsel for the petitioner that the petitioner has performed various works under several contracts, but payment of Rs.5,53,218/- which is due to the petitioner from respondents Nagar Panchayat has not been released. 4. Sri Saurabh Tiwari, learned counsel for the respondents Nagar Panchayat submits that the amount which the petitioner is claiming is not admitted inasmuch as according to him, no amount is due to
the petitioner. The dispute in the instant case involves disputed question of fact, inasmuch as petitioner is entitled to the aforesaid amount or not can be decided only on the basis of evidence on record. He further submits that no agreement has been enclosed with the writ petition to verify as to whether there was any contract between the respondent Nagar Panchayat with the petitioner. 5. Since, the controversy in the instant case involves disputed question of fact inasmuch as the question as to whether the petitioner is entitled to Rs.5,53,218/- or not can be adjudicated only on the basis of pleadings and evidence on record, therefore, we are not inclined to grant any relief as prayed for by the petitioner in the present petition. 6. Accordingly, the writ petition is dismissed with liberty to the petitioner to avail appropriate remedy available in law.
Order Date :- 11.8.2025 NS (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad