Awdhesh Kumar Kabir vs State Of U P And Others

Court No. - 32

Case :- WRIT - C No. - 24027 of 2019 Petitioner :- Awdhesh Kumar Kabir Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Sumer Chaudhary Counsel for Respondent :- C.S.C.

Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.

This writ petition has been filed by the petitioners, interalia, for the following relief:

"I. Issue a writ, order or direction in the nature of Mandamus commanding the concerned respondents to pay the reduced tender amount 3 Lacs along with interest for one year of Rs. 1,00,000/- and etc. to petitioner from the department for construction work year 2016-2017.

II. Issue a writ, order or direction in the nature of Mandamus commanding the concerned respondents to decide and consider the grievance of the petitioner in Representation dated 16.08.2017, 14.07.2017 and reminder dated 06.10.2017 are pending before them in stipulate period with give the opportunity of hearing to the petitioner."

Heard learned counsel for the parties and perused the record.

Learned counsel for the petitioner stated that the petitioner is entitled to receive Rs. 11,11,785/- for repairing the road measuring 4.50 Kms. but the petitioner has been paid only Rs. 8,62,903/-.

Per contra, learned Standing Counsel, after seeking instructions in the matter, has stated that the petitioner has repaired road measuring 3.50 Kms. only, as such, the petitioner was paid deficient amount which was also accepted by the petitioner without raising any hue and cry.

Learned counsel for the petitioner rebutted the contention so made by the learned Standing Counsel appearing on behalf of the State.

Be that as it may. Disputed questions of fact are involved in the present matter which cannot be adjudicated upon by this Court in exercise of its powers conferred under Article 226 of the Constitution of India. However, it is open for the petitioners to seek appropriate remedy before the appropriate forum, if so advised, in common law courts or any other forum in accordance with law.

With this observation, this writ petition stands disposed of.

Order Date :- 13.8.2019 vinay