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2025 DAILYLAW 88129 (ALL)

M/S KUSUM ASSOCIATES v. STATE OF U.P. AND 2 OTHERS

WRIC/28379/2025 · 2025-08-21

Arun Kumar Singh Deshwal, Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144702-DB Court No. - 40 Case :- WRIT - C No. - 28379 of 2025 Petitioner :- M/S Kusum Associates Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sharad Saran Srivastava Counsel for Respondent :- C.S.C.,Saurabh Tiwari Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. Order on Order Sheet. Learned counsel for the petitioner is permitted to implead 'District Magistrate, Hathras' as respondent no.4 in the array of parties during the course of the day. Order on Writ Petition. 1. Instructions filed today are taken on record. 2. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Saurabh Tiwari, learned counsel for respondent nos.2 & 3. 3. The petitioner by means of the present writ petition has prayed for the following relief:- "i. Issue, a writ, order or direction in the nature of mandamus commanding respondents authority to pay the dues amount of Rs.17,13,130/- alongwith 18% interest to the petitioner. ii. Issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. iii. Award cost of this writ petition to the petitioner." 4. It is contended by Sri Saurabh Tiwari, learned counsel for the respondents that some enquiry was conducted in respect to work done by the petitioner as the work of the petitioner was not found upto standard as stipulated in the contract, and the enquiry report dated 18.04.2023 has been sent to the District Magistrate, Hathras who is now competent to take decision. 5. In view of the aforesaid submission, the writ petition is disposed off permitting the petitioner to file a detailed representation alongwith certified copy of this order before the respondent no.4- District Magistrate, Hathras within a period of three weeks from today. In case, any such representation is filed by the petitioner, the same shall be considered and decided by the respondent no.4 strictly in accordance with law within a period of two months from the date he receives the representation of the petitioner after giving due notice and opportunity of hearing to all the concerned parties. Order Date :- 22.8.2025 Sattyarth (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad