Allahabad High Court
M/S Infrastructure Development ... vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 28 August, 2025
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:50849-DB HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8276 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 3.
2. This petition has been filed by the petitioner for the following prayers:-
"I. To issue a writ in nature of Certiorari for partially quashing the office order no. 477SA0SU0/2024-43SA0SU0/2013 dated 29.03.2024 (Annexure no.1) and 464SA0SU0/2024-43SAOSU0/2013(vol.-9) dated Bath Commissioner 24.04.2024 (Annexure no.2) of Transport Commissioner, respondent 2.025 no. 2 to the extent of arbitrarily and malafidely withhelding or making katauti of Rs.78,60,260/-( Rupees Seventy Eight Laks Sixty Thousand Two Hundred Sixty Only) with GST against three bills petitioner-firm bearing Invoice no.01 dtd. 04.08.2023 (Annexure no.15), Invoice no.02 dtd.06.01.2024 (Annexure no.16) and Invoice no. 03 dtd.08.03.2024 (Annexure no.17) amounting Rs 12,61,892/ with GST, Rs 1,37,35,353/ with GST and Rs 19,45,167/- with GST, respectively preferred by petitioner-firm before respondent no.2&3 for work done by petitioner-firm between period March 2023 till end of February 2024 and refusal for payment of same.
II. To issue a writ order or direction in nature of mandamus commanding to respondent no.2 and 3 to make payment of withheld or katuti amount of Rs.78,60,260/-( Rupees Seventy Eight Laks Sixty Thousand Two Hundred Sixty Onlyj with GST against above-mentioned three bills bearing Invoice no.01 dtd. 04.08.2023, Invoice no.02 dtd 06.01.2024 and Invoice no. 03 dtd.08.03.2024 amounting Rs 12,61,892/- with GST, Rs 1,37,35,353/- with GST and Rs 19,45,167/-with GST, respectively, within stipulated time fixed by this Hon'ble Court III. To issue a writ order or direction in nature of mandamus commanding to respondent no.2 and 3 to make payment of 4th bill (Annexure No. 3) for work performed petitioner-firm in month of March,2024 (before end of 60 days of termination date on 28.05.2024) bearing Invoice-4 dated 22 March 2025 amounting Rs.9,66,025.00(Rupees Nine Lakhs Sixty Six Thousand Twenty Five only) GST @18% of amounting Rs. 1,73,885.00(Rupees One Laks Seventy Three Thousand Eight Hundred Eighty Five only) Total Rs 11,39,910/-( Rupees Eleven Laks Thirty Nine Thousand Nine Hundred Ten only), within stipulated time period fixed by this Hon'ble Court.
IV. Any other order which this Hon'ble Court may think fit."
3. A preliminary objection has been raised by the counsel appearing for the State-respondents to the maintainability of the petition and he has pointed out Page no.131 of the Paper book, Clauses 56 and 57 of the Contract signed between the parties. Initially, if a dispute arises in relation to the Contract it shall be tried to be settled amicably through mutual consultation and, in case, such amicable settlement cannot be arrived at then under Paragraph-57.1 of the Contract arbitration as provided under the Special Conditions of Contract shall be undertaken between the parties.
4. The counsel for the petitioner has placed reliance upon a judgment rendered by the Hon'ble Supreme Court in the case of Surya Constructions Vs. State of U.P. and others reported in (2019) 16 SCC 794 and also a judgment rendered by the Division Bench of this Court in the case of Kanika Construction Vs. State of U.P. and 3 others, Writ-C No.27869 of 2021 decided on 06.01.2022.
5. The counsel for the petitioner has also referred to a letter dated 12.06.2025 written by the petitioner to the Transport Commissioner asking for the reasons of making deductions in the payment due to it. It has been submitted that till date no reply has been given to the petitioner. He does not know what is the reason for such deductions and therefore cannot apply under Paragraph-56 of the Contract signed by him.
6. The writ petition is disposed of with a direction to the Transport Commissioner to take into consideration the letter of the petitioner dated 12.06.2025 and inform the petitioner about discrepancies, if any, found in the performance of Contract within a period of four weeks' from the date a certified copy of this order is produced before him. Such letter shall contain detailed reasons for coming to such conclusions that deductions are necessary in the bills of the petitioner.
August 28, 2025 N.PAL