Allahabad High Court
New Surgical Company Thru. Its Director ... vs State Of U.P. Thru. Prin. Secy. Rural ... on 14 June, 2024
Bench: Vivek Chaudhary, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:43141-DB Court No. - 9 Case :- WRIT - C No. - 5366 of 2024 Petitioner :- New Surgical Company Thru. Its Director Krishna Kant Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Rural Develop. Deptt. Lko. And 6 Others Counsel for Petitioner :- Shailesh Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J.
Hon'ble Narendra Kumar Johari,J.
Heard Shri Shailesh Kumar Srivastava, learned counsel for petitioner, as well as, learned Additional Chief Standing Counsel for the State and perused the records.
The present writ petition has been filed by the petitioner seeking following reliefs:-
"(i) Issue a writ order or direction in the nature of Mandamus commanding the opposite parties to conduct an inquiry and take appropriate actions regarding the failure to raise the demand to the extent specified in the agreement and the procurement of straw/bhoosa from external sources and making payments to other individuals despite the existing agreement.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to release the dues of Rs. 9,60,276/- to the petitioner in respect of supply of straw/bhoosa made by the petitioner along with 18% annual interest from the actual date of due amount.
(iii) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to make demand as per quantity fixed in the contract so that petitioner may supply as per demand."
Learned counsel for petitioner submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner.
Learned Additional Chief Standing Counsel has no objection to the same.
In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no. 5, District Development Officer, Hardoi raising all his grievances, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of two weeks from today along with a certified copy of this order.
In case such a representation is moved by petitioner, respondent no. 5 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date a certified copy of this order along with representation is placed before him.
It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 14.6.2024 Reena/-
(Narendra Kumar Johari,J) (Vivek Chaudhary,J)