Petitioner sought quashing of a rejected dues claim. During proceedings, the Respondent corporation paid the disputed amount, leading the petitioner to surrender the grievance. The High Court disposed of the writ application accordingly.
Writ application disposed of as petitioner received payment and raised no further grievance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1912 of 2011
M/s Deepak Enterprises having its registered office at K-54, Kalpaturu, Jalan Road, P.O.- Ranchi, P.S.- Kotwali, District- Ranchi- 834001 through its Proprietor Depak Kumar Agarwal, S/o Late Suraj Mal Agarwal, R/o Flat No. 32, Pushpanjali Apartment, Lake Road, Upper Bazar, P.O.- Ranchi, P.S.Kotwali, District- Ranchi- 834001.
... … Petitioner
Versus
1. Ranchi Municipal Corporation through its Chief Executive Officer having its office at Kutchery Road, Ranchi-834001.
2. The Chief Executive Officer, Ranchi Municipal Corporation, Kutchery Road, Ranchi- 834001.
3. The Law Officer, Ranchi Municipal Corporation, Kutchery Road, Ranchi834001.
4. The State of Jharkhand.
5. The Secretary, Department of Urban Development, Government of Jharkhand, Project Building, H.E.C., Dhurwa, Ranchi.
... … Respondents
CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY
--For the Petitioners : Ms. Shilpi S. John, Advocate For the RMC : Mr. Rajesh Lala, Advocate For the State : A.C. to G.A. III ---
Order No. 06 Dated 06th August, 2019 Heard Ms. Shilpi S. John, learned counsel for the petitioner, Mr. Rajesh Lala, learned counsel for the Ranchi Municipal Corporation and learned A.C. to G.A. III.
Petitioner in this writ application has prayed for quashing of the order dated 19/22.02.2011 passed by the Chief Executive Officer, Ranchi Municipal Corporation by which the claim of the petitioner for payment of admitted dues had been rejected. The petitioner further claims an amount of Rs. 5,77,233 which is payable to the petitioner on account of annual maintenance of High Mass Light within the limit of Ranchi Municipal Corporation which was allotted to the petitioner from July, 2004 to October, 2004.
In course of the present proceedings the following was passed on 08.07.2019:-
“ Mr. Sumeet Gadodia, learned counsel for the petitioner submits that the impugned order dated 22.02.2011 is not in accordance with law in view of the fact that the author of the impugned order had come to a conclusion that the petitioner had not submitted the documents which would show that admitted dues are still payable to the petitioner which is a
misnomer considering the fact that under the Right to Information Act the petitioner has obtained information which suggest that an amount of Rs. 5,77,233/- was payable to the petitioner. It has further been submitted that the second ground which has been taken while rejecting the claim of the petitioner is with respect to termination of the agreement and the same being a subject matter of W.P.(C) No. 4716 of 2009 which appears to have influenced the concerned respondent as W.P.(C) No. 4716 of 2009 does not concern the subject matter of the present case as it relates to an agreement which is the post conclusion of the agreement on October, 2003 and therefore on both the counts the concerned respondent has committed an error while denying the admissible dues payable to the petitioner.
On being confronted with the aforesaid position Mr. Rajesh Lala, learned counsel appearing for the Ranchi Municipal Corporation, submits that he has to take further instruction to verify the aforesaid fact.
As prayer for, list this case on 15.07.2019, under the heading “For Orders” .
Let a copy of this order be handed over to Mr. Rajesh Lala, learned counsel appearing for the Ranchi Municipal Corporation. “
Mr. Rajesh Lala, learned counsel for the Ranchi Municipal Corporation is permitted to file supplementary counter affidavit.
From the said supplementary counter affidavit it appears that Rs. 5,65,688/- has been paid to M/s. Deepak Enterprises vide cheque No. 000980 dated 31.07.2019 after deduction of T.D.S.
Learned counsel for the petitioner submits that the petitioner has received the said amount and he has no further grievance against the respondent Ranchi Municipal Corporation.
In view of the fact that the petitioner has no further grievance against the respondent Ranchi Municipal Corporation, this writ application stands disposed of.
(RONGON MUKHOPADHYAY, J.)
MK
M/s Deepak Enterprises
Ranchi Municipal Corporation
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
