Petitioner sought payment for solar lights installed under Gram Nidhi Funds. The court directed the respondent to pay the outstanding amount within one month with 6% interest.
Payment of outstanding amount within one month with interest at 6% per annum.
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Court No. - 32
Case :- WRIT - C No. - 8486 of 2019
Petitioner :- Ganga Charan Maurya Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Rajesh Kumar Patel,Rahul Kushwaha,Rishikesh Kumar Maurya Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
The present petition has been filed stating that in the month of January, 2018, the respondent nos. 9, 10 and 11 approached the petitioner for supply of solar lights through the Gram Nidhi Funds and in pursuance thereof, the petitioner has installed the said lights, however the payments have not been made till date. It is alleged that the petitioner has been making requests for payments of the outstanding amounts, however no amounts have been paid.
Learned counsel for the respondents, on instructions, states that some enquiry was going on with regard to the purchase of the said solar lights. The enquiry related to the irregularities committed in purchasing the lights mainly on the ground that the process of E-tendering should have been adopted while placing the lights,
however there is no dispute that the lights were installed.
Considering the averments made at the bar and the judgment of Supreme Court in the case of M/s Surya Constructions v. The State of Uttar Pradesh and others passed in Civil Appeal No. 2610 of 2018 , we direct that respondent no. 5 should take an immediate decision with regard to the payment of the outstanding amount to the petitioner expeditiously, preferably within a period of one month, the amount to be paid to the petitioner shall be paid alongwith interest at the rate of 6% per annum from the date of supply of the lights till the date of actual payment. The respondent no. 5 is directed to complete the said exercise within the time granted.
The writ petition is disposed of in terms of the said order.
Order Date :- 2.5.2019 SR
Colour shows how this judgement treated each authority
M/s Surya Constructions v. The State of Uttar Pradesh and othersReferred¶8
M/s Surya Constructions v. The State of Uttar Pradesh and others, Civil Appeal No. 2610 of 2018
Ganga Charan Maurya
State Of U.P.
Shashi Kant Gupta
Pankaj Bhatia
As recorded by the court registry
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