MD Shahnwaj Akhtar Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

MD Shahnwaj Akhtar Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No. 4 to pass an order on the representation claiming Rs. 5,18,522/- and, if the dues are found admissible and payable, to take necessary and effective steps within six weeks of receipt/production of a copy of the order to extend the admissible amount to the petitioner.

Issue for consideration

Whether respondent No. 4 (Executive Officer, Nagar Parishad, Gumla) should be directed to make payment of the admitted dues of Rs. 5,18,522/- to the petitioner on account of completion of the work allotted to him.

Court's answer

The Court disposed of the writ application with a direction to respondent No. 4 to pass an order on the petitioner's representation wherein an amount of Rs. 5,18,522/- has been claimed.

Ratio / Principle

Payment turns on respondent No. 4 considering the representation and finding the dues admissible and payable.

Key takeaways

If the dues are found admissible and payable, respondent No. 4 must take necessary and effective steps within six weeks from receipt/production of a copy of the order to extend the admissible amount to the petitioner.ratio¶17

Detailed headnote1 paragraphs

W.P.(C) No. 512 of 2024, High Court of Jharkhand at Ranchi (coram: Rongon Mukhopadhyay and Deepak Roshan, JJ.; order dated 05.03.2024): Petitioner Md. Shahnwaj Akhtar sought a direction to the Executive Officer, Nagar Parishad, Gumla (respondent No. 4) for payment of admitted dues of Rs. 5,18,522/- for installation of SS dustbins at 220 locations under Gumla Nagar Parishad — work invited by NIT published in Dainik Bhaskar dated 10.02.2022, allotted vide letter No. 775 dated 23.04.2022, completion certificate issued 02.08.2022, but unpaid despite representations. The Court disposed of the writ application, directing respondent No. 4 to pass an order on the representation and, if the dues are found admissible and payable, to take necessary and effective steps within six weeks of receipt/production of a copy of the order to extend the admissible amount to the petitioner.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 512 of 2024

Md. Shahnwaj Akhtar ... Petitioner

Versus

The State of Jharkhand

The Principal Secretary, Urban Development and Housing Department, Govt. of Jharkhand, Ranchi

The Deputy Commissioner, Gumla

The Executive Officer, Nagar Parishad, Gumla

CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Petitioner : Mr. Aider Ali, Advocate For the Resp. 1, 2 and 3 : Mr. Mithilesh Singh, G.A.-IV

Order No. 02 Dated 05^th March, 2024

Heard the learned counsel for the respective sides.

In this application a direction has been sought upon respondent No. 4 for making payment of the admitted dues of Rs. 5,18,522/- to the petitioner on account of the completion of the work allotted to him.

Briefly stated the facts reveal that the petitioner had applied for the work which was invited through an NIT published in a daily newspaper Dainik Bhaskar dated 10.02.2022 for installation of SS Dustbin at 220 different locations under the Gumla Nagar Parishad. The work was allotted to the petitioner vide letter No. 775 dated 23.04.2022 and an agreement was thereafter entered between the petitioner and the respondent No. 4. According to the petitioner, the work was completed within the due time for which a work completion certificate was issued by the respondent No. 4 dated 02.08.2022. Accordingly the petitioner has made a request for payment of Rs. 5,18,522/- through several representations before the respondent No. 4 and it is the grievance of the petitioner that the petitioner has not been paid the said amount in spite of filing representations.

In view of the aforesaid factual aspects of the case, we dispose of this writ application with a direction to the respondent No. 4 to pass an order on the representation submitted by the petitioner wherein an amount of Rs. 5,18,522/- has been claimed and on consideration of the aforesaid representation and if the respondent No. 4 finds the dues to be admissible

and payable, necessary and effective steps be taken by the respondent No. 4 within a period of six weeks from the date of receipt/ production of a copy of this order for extending the admissible amount to the petitioner.

This writ application stands disposed of.

(RONGON MUKHOPADHYAY, J.)

(DEEPAK ROSHAN, J.)

MK