M/S Ak Construction Vs State of Up and 5 Others — Writ and Judicial Review | Allahabad HC (2025)

M/S Ak Construction Vs State of Up and 5 Others — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No monetary relief awarded at this stage. Petitioner directed to apply to respondent no.5 within four weeks with certified copy of the order; respondent no.5 to dispose of the application in accordance with law within one month, and if the amount is found admitted, release it within a further fifteen days of the decision.

Issue for consideration

Whether a mandamus should issue commanding the respondents to pay the petitioner the sanctioned approved balance amount of Rs. 2,80,94,567/- (net bill amount Rs. 2,67,75,927/- after deduction of Income Tax, Case and GST). +1 more

Court's answer

If the amount is found to be admitted with respondent no.5, it shall be released within a further period of fifteen days of the decision taken by the Authority.

Ratio / Principle

The writ petition is disposed of with a direction to the petitioner to make an appropriate application for payment of the dues that remain unpaid and are admitted to respondent no.5, within four weeks from the date of the order.

Key takeaways

On such representation made along with certified copy of the order, respondent no.5 shall look into the same and dispose of it in accordance with law within one month.ratio¶18

Detailed headnote1 paragraphs

Writ-C No. 30532 of 2025, High Court of Judicature at Allahabad (Court No. 4), decided October 9, 2025 — Hon'ble Ajit Kumar, J. and Hon'ble Swarupama Chaturvedi, J. Petitioner M/S Ak Construction, by a writ petition under Article 226 of the Constitution, sought mandamus for payment of the sanctioned approved balance amount of Rs. 2,80,94,567/- (net bill amount Rs. 2,67,75,927/- after deduction of Income Tax, Case and GST), contending that the dues stood admitted to the respondents after it completed formalities required under an order of the Executive Engineer, Flood Division, Bareilly dated 29.11.2022 (Annexures-12 and 13). Learned Standing Counsel submitted that the petitioner should first approach respondent no.5. Disposing of the petition, the Bench directed the petitioner to make an appropriate application for the unpaid dues admitted to respondent no.5 within four weeks with certified copy of the order; respondent no.5 to look into and dispose of it in accordance with law within one month, and if the amount is found admitted, release it within a further fifteen days of the decision. Entitlement was not independently adjudicated and no monetary relief was awarded at this stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 30532 of 2025

M/S Ak Construction

.....Petitioner(s)

Versus

State Of Up And 5 Others

.....Respondent(s)

Counsel for Petitioner(s) Counsel for Respondent(s)	: Abhai Singh, : C.S.C.	Virendra Singh

Court No. - 4

HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J.

Heard Shri Virendra Singh, learned counsel appearing for the petitioner, learned Standing Counsel for the State-respondent.

By means of this writ petition filed under Article 226 of the Constitution, petitioner has prayed for following relief :

(i) Issue a writ/order or direction in the nature of Issue a writ/order or direction in the nature of mandamus commanding the respondents for payment of sanctioned approved balance amount Rs. 2,80,94,567/- and after deduction of Income Tax, Case and GST net amount bill Rs. 2,67,75,927/-.

It is contended on behalf of the petitioner that amount is admitted to the authorities and the petitioner was required to complete certain formalities under the order issued by Executive Engineer, Flood Division, Bareilly on 29.11.2022 and the petitioner pursuant thereto proceeded to complete the formalities, documents regarding which have been brought on record as Annexure-12 and 13 to the petition. However, till date nothing has been paid to the petitioner towards the dues which stands admitted to the respondents.

Learned Standing Counsel Shri Chandra Prakash Yadav submits that petitioner should at the first instance approach the competent respondent namely respondent no.5 who will look into the same and dispose of the same in accordance with law.

WRIC No. 30532 of 2025

2

In view of above, we dispose of this petition with a direction to the petitioner to make an appropriate application for payment of dues that has remained unpaid to the petitioner and which are admitted to respondent no.5, within four weeks from today and in the event, he makes any such representation along with certified copy of this order, the concerned respondent no.5 shall look into the same and dispose of the same in accordance with law within a period of one month and if the amount is found to be admitted with respondent no.5, the same shall be released within a further period of fifteen days of the decision to be taken by the Authority.

(Swarupama Chaturvedi,J.) (Ajit Kumar,J.)

October 9, 2025

Shiv

Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad