The High Court disposed of a writ petition without addressing merits, directing the District Magistrate/Nagar Palika Parishad to decide pending representations from the petitioner regarding outstanding payment for construction work within eight weeks.
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Court No. - 21
Case :- WRIT - C No. - 38214 of 2022
Petitioner :- M/S Asharaf Construction Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Sharad Srivastava Counsel for Respondent :- C.S.C.,Awadhesh Kumar Malviya
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
The prayer made in the instant petition is for a mandamus directing the respondents to make remaining payment of Rs.48,81,620/- alongwith interest to the petitioner for the construction work undertaken by it in pursuance of four different agreements with Nagar Palika Parishad, Ghazipur .
Learned counsel for the petitioner submits that on 28.10.2022, Executive Officer, Nagar Palika Parishad, Ghazipur had sent a communication to the District Magistrate, Ghazipur acknowledging the fact that in some of the matters, the amount is due, but payment has not been made because of shortage of fund. It is urged that the representation filed by the petitioner in this behalf be directed to be decided, to which Sri A.K. Maliviya, learned counsel appearing on behalf of respondents no.3 and 4 has no objection.
Accordingly, without expressing any opinion on merits, the instant petition is disposed of with direction to respondent no.3 to decide the representations of the petitioner dated 10.10.2022 and 28.10.2022, by means of a speaking order within a period of eight weeks from the date of communication of the instant order alongwith photo copy of the representations.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Order Date :- 15.12.2022 SL
Digitally signed by SHYAM LAL Date: 2022.12.15 14:50:07 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the respondents to decide pending representations regarding payment dues?
M/S Asharaf Construction
State Of U P
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
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