M/S GULSHAN TRADERS v. EXECUTIVE ENGINEER AND 3 OTHERS
WRIC/33073/2025 · 2025-09-18
Amitabh Kumar Rai, Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98642 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98642 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33073 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned counsel for the petitioner and Ms. Anita Kushwaha holding brief of Sri Sanjay Kumar Om, learned counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following reliefs:-
"(I). Issue a writ, order or direction in the nature of mandamus commanding the respondent No.1 to release the contractual amount in furtherance of the letters issued by the respondent No.2 dated 03.10.2024 (Annexure No.5 to this writ petition). (II). Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (III). Award the cost of the writ petition to the petitioner."
3. It is submitted by learned counsel for the petitioner that the petitioner has done the work of Nagar Nigam under several tenders. It is further submitted that the principal amount has been paid but the certain amounts have not been paid. It is submitted that in this respect, the respondent No.2-Executive Engineer, Construction Division, UP Jal Nigam (Rural), Suhag Nagar, Firozabad has requested the respondent No.1 to make the payment by letter dated 03.10.2024, copy of which is annexed as Annexure No.5 to the writ petition. It is submitted that despite the letter dated 03.10.2024 written by the respondent No.2 to the respondent No.1, the respondent No.1 is sitting over the matter and is not releasing the payment. 4. Ms. Anita Kushwaha holding brief of Sri Sanjay Kumar Om, learned counsel for the respondents states that the question as to whether the Versus Counsel for Petitioner(s) : Dileep Kumar Yadav, Yash Padia Counsel for Respondent(s) : Sanjay Kumar Om M/S Gulshan Traders .....Petitioner(s) Executive Engineer And 3 Others .....Respondent(s)
petitioner is entitled to the payment with reference to the letter dated 03.10.2024 (Annexure No.5 to the writ petition) can very well be considered by the respondent No.1-Executive Engineer, State Water and Sanitation Mission, Namami Gange and Rural Water Supply Department, Gomti Nagar, UP, Lucknow. In such view of the fact, this Court may pass appropriate order considering the aforesaid submissions advanced by the parties. 5.
Accordingly, the writ petition is disposed off permitting the petitioner to file a fresh representation alongwith certified copy of this order raising all his grievances before the respondent No.1-Executive Engineer, State Water and Sanitation Mission, Namami Gange and Rural Water Supply Department, Gomti Nagar, UP, Lucknow within a period of one month from today. In case, any such representation is filed by the petitioner, the respondent No.1 shall consider and decide the same after giving due notice and opportunity of hearing to the petitioner, strictly in accordance with law within a period of two months thereafter from the date he receives the representation of the petitioner. September 19, 2025 SS WRIC No. 33073 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad