PHOOLMATI CONSTRUCTION v. STATE OF U.P. AND 3 OTHERS
WRIC/32991/2025 · 2025-10-06
Neeraj Tiwari, Vivek Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98094 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98094 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32991 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J.
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the petitioner and learned standing counsel for respondents. 2. Present petition has been filed seeking following relief:-
"(i). Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No.3 to consider/decide the claim of the petitioner in pursuance of representation dated 5.8.2025." (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the Executive Engineer Prantiya Khand P.W.D. Sant Kabir Nagar to return the interest of delay payment with 12% interest according to agreement clause 43.1 to the petitioner and retention of 4 FDR money Rs. 1815795/- alongwith 12% interest prescribed by existing Rules."
3. Learned counsel for the petitioner submitted that petitioner is Government Contractor of the Registered Firm and has completed the whole work within time. He next submitted that after completion of work, retention money has not been refunded to petitioner. He next submitted that for redressal of his grievance, petitioner has filed representation dated 5.8.2025 before respondent No. 3, but till date neither payment has been made nor representation has been decided. Lastly, he submitted that a suitable direction may be issued to respondent No. 3 to decide the aforesaid representation and pay the retention money at the earliest for Versus Counsel for Petitioner(s) : Chandrashekhar Yadav, Jitendra Kumar Yadav Counsel for Respondent(s) : C.S.C. Phoolmati Construction .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
which learned Standing Counsel for the State-respondents has no objection. 4. In view of the facts and circumstances of the case, the writ petition is disposed of directing respondent No.3 to decide the representation of the petitioner dated 5.8.2025 in accordance with law maximum within period of four weeks from the date of production of certified copy of this order. Liberty is given to petitioner to file fresh representation alongwith certified copy of this order. In case, any amount is found due, same shall also be paid within the same time. 5. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 3 to pass order after considering the relevant Rules as well as facts of the case.
October 7, 2025 Junaid WRIC No. 32991 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad