The court held that the petitioner's admitted claim for payment regarding the construction of Dr. Ambedkar Community Centre cannot be delayed. It directed the Public Works Department to pay the requisite amount within 60 days.
Directed Respondent No. 1 (PWD) to pay the claimed amount of Rs. 7,64,340.84 within 60 days.
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Court No. - 32
Case :- WRIT - C No. - 14283 of 2019
Petitioner :- Rameshwar Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brajesh Kumar Chaturvedi,Rakesh Kumar Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
In pursuance of the earlier order of this Court, learned Standing Counsel has received instructions in the matter, which is taken on record.
This writ petition, inter alia, has been filed for the following relief:
"(a). issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to make remaining payment of Rs. 7,64, 340.84 with proper interest relating to construction of Dr. Ambedkar Community Centre, Isari (Rambari), Ballia towards Original Contract Bond NO. 169/EE dated 15.02.2011 forthwith."
Heard learned counsel for the petitioner, learned Standing Counsel and perused the record.
A perusal of the instructions received from the Executive Engineer dated 6.5.2019 indicates that the claim of the petitioner has already been accepted, as such, there is no dispute with regard to genuineness of the claim. The petitioner cannot be deprived of his claim and payment of admitted amount
cannot be delayed.
Considering the facts and circumstances of the case, the Respondent No. 1-Public Works Department, Uttar Pradesh Government, Lucknow is directed to pay the requisite amount as claimed by the petitioner within a period of 60 days from the date of receipt of a certified copy of this order.
With this observation, the writ petition stands finally disposed of. Order Date :- 7.5.2019
vinay
1 issue framed by the court
Whether the admitted claim for remaining payment of Rs. 7,64,340.84 towards construction of Dr. Ambedkar Community Centre should be paid forthwith.
1 provisions across 1 enactments
Rameshwar Pandey
State Of U.P.
Respondent no. 2
Respondent no. 3
Respondent no. 4
Shashi Kant Gupta
Pankaj Bhatia
As recorded by the court registry
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