Petitioner sought mandamus for payment of drilling costs and compliance with a representation. Court found no agreement or work order to support the claim. Petition dismissed.
Petition dismissing claims for payment of work done without agreement or work order.
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Court No. - 32
Case :- WRIT - C No. - 19303 of 2019
Petitioner :- Sachan Machinery Store Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- B.K. Shukla Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed, inter alia, for the following reliefs;
"(I) Issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 2 and 3 to make payment of Boring (Drilling) of 25 Tube-Wells carried out by the petitioner firm in District Hamirpur during financial year 2011-12.
(II) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 3 to decide the representation of the petitioner dated 01.04.2019 in accordance with law, vide Annexure No. 10 to this writ petition."
Heard learned counsel for the parties and perused the record.
On the basis of instructions received, learned Standing Counsel stated that neither the petitioner has executed/entered into any agreement nor any 'work order' has been issued to the petitioner, as such, the petitioner is not at all eligible to claim any amount for the alleged work.
Learned counsel for the petitioner has not been able to place either any agreement in his favour or any work order issued to him for executing the work in question.
In view of the above, we do not see any justification to interfere or issue any direction in the matter.
The writ petition is, accordingly, dismissed.
Order Date :- 2.8.2019 vinay
1 issue framed by the court
Whether a petition seeking payment for alleged work done without a valid agreement or work order warrants judicial interference via writ of mandamus.
Sachan Machinery Store
State Of U.P.
2 Others
Shashi Kant Gupta
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
