Rajasthan High Court - Jodhpur
M/S. J.J. Construction And Suppliers vs Municipal Board, Mount Abu on 8 February, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11576/2021 M/s. J. J. Construction And Suppliers, Through Its Sole Proprietor Mr. Jangjeet Singh, Address- Stc Road, Delwara, Mount Abu, Sirohi (Rajasthan)
----Petitioner Versus
1. Municipal Board, Mount Abu, Through Its Commissioner, Mount Abu, District- Sirohi (Raj.)
2. The State Of Rajasthan, Through The Director Of Local Bodies, Department Of Local Self Government Department, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Line Phatak, Jaipur- 16 (Raj.)
----Respondents For Petitioner(s) : Mr. Prashant Tatia through VC JUSTICE DINESH MEHTA Order 08/02/2022
1. The petitioner was issued work order on 29.09.2017 for supply of JCB on rental basis.
2. Petitioner has approached this Court with the grievance that petitioner's contract was found satisfactory and the amount to be paid by the respondent - Municipal Board admitted to be due, yet the petitioner has not been paid the due amount. It is contended that the respondents have paid no heed to petitioner's grievance in spite of number of representations the complaint lodged at Sampark Portal and notice for demand of justice sent by petitioner's counsel.
3. Learned counsel relies upon the judgment of Hon'ble the Supreme Court in the case of M/s Surya Constructions Vs. The State of Uttar Pradesh & Ors : Civil Appeal No.2610/2019, decided on 08.03.2019 and submits that in light of observation made by (Downloaded on 09/02/2022 at 09:19:40 PM) (2 of 2) [CW-11576/2021] Hon'ble the Supreme Court, the respondent - Municipal Board is under obligation to pay the due amount.
4. In view of the aforesaid, the present writ petition is disposed of with a direction to the petitioner to file a representation before the Commissioner, Municipal Board, Mount Abu within a period of two weeks from today along with photo-stat copy of notice for demand of justice, photo-stat copy of judgment of Hon'ble Supreme Court in the case of M/s Surya Constructions (supra), other documentary evidence and a certified copy of the order instant.
5. In case, a representation is so addressed, the respondent - Municipal Board shall consider and do the needful and make the requisite payment to the petitioner in accordance with law as early as possible, preferably within a period of four weeks.
6. In case the Commissioner or competent authority of the Municipal Board is of the view that the petitioner is not entitled for the payment as claimed, he shall pass a speaking order under intimation to the petitioner, against which petitioner's right to take legal remedies shall remain reserved.
7. It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioner's grievance. The same may not be construed to be an order to decide the representation in a particular manner.
8. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J 41-A.Arora/-
(Downloaded on 09/02/2022 at 09:19:40 PM) Powered by TCPDF (www.tcpdf.org)