Rajasthan High Court - Jodhpur
M/S. J.J. Construction And Suppliers vs Municipal Board, Mount Abu on 11 March, 2022
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11420/2021
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, G-3, Rajmahal
Residential Area, C-Scheme, Near Civil Line Phatak, Jaipur 16
(Raj.).
----Respondents
For Petitioner(s) : Mr. Prashant Tatia
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 11/03/2022 The petitioner was issued work order on 06.04.20216 for maintenance and to operate generator.
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.
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 Hon'ble the Supreme Court, the respondent - Municipal Board is under obligation to pay the due amount.
(Downloaded on 11/03/2022 at 08:59:15 PM)
(2 of 2) [CW-11420/2021] 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.
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.
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.
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.
The stay application also stands disposed of accordingly.
(VIJAY BISHNOI),J 142-mohit/-
(Downloaded on 11/03/2022 at 08:59:15 PM) Powered by TCPDF (www.tcpdf.org)