Allahabad High Court
M/S S.S. ENTERPRISES AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the undisputed amount of Rs.5,62,017.20 has been paid and the petitioners may seek the balance amount by filing a representation, which the Municipal Commissioner must decide within a month.
Summary
The petitioners, M/s S.S. Enterprises and another, filed a writ petition alleging that the Municipal Commissioner of Nagar Nigam, Bareilly had failed to pay them the full amount due under a work order dated 25‑08‑2021 for construction of a CC road and drainage. They claimed a total liability of Rs.6,99,180, of which Rs.5,62,017.20 was undisputed. The High Court, recalling its earlier order dated 21‑04‑2026, noted that the undisputed sum had already been paid to the petitioners. The Court directed the petitioners to file a detailed representation, along with a certified copy of the order, to the Municipal Commissioner for the balance amount within two weeks. It further directed that the Commissioner decide the representation within one month of receipt. Accordingly, the writ petition was disposed, leaving the petitioners with a procedural remedy to claim the remaining dues.
Issues considered
- Whether the Municipal Commissioner, Nagar Nigam Bareilly is liable to pay the balance amount of Rs.6,99,180 under the work order dated 25‑08‑2021.
- Whether the petitioners are entitled to any further relief beyond the payment of the undisputed amount.
Subjects
- writ petition
- municipal corporation
- payment of dues
- contractual liability
- public authority
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 14718 of 2026
M/S S.S. Enterprises And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shiv Singh Yadav
Counsel for Respondent(s) : Abhinava Krishna Srivastava, C.S.C.
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard Sri Shiv Singh Yadav, learned counsel for the petitioner, learned
Standing Counsel for the State respondent and Sri Abhinava Krishna
Srivastava, learned counsel for the respondent nos. 2 to 4.
2. The petitioners have filed the present writ petition being aggrieved by the
inaction on the part of the Municipal Commissioner, Nagar Nigam, Bareilly-
respondent no.2 in making payments to the petitioners in respect of various
works carried out by the petitioners.
3. It is contended on behalf of the petitioners that the payments of Rs.
6,99,180/- is admittedly payable by the Nagar Nigam, Bareilly against the
work order dated 25.8.2021 in respect of construction of CC Road and
Drainage.
4. This Court vide order dated 21.4.2026 had directed the learned Counsel
for the respondents to seek instructions in respect of the undisputed amount
payable to the petitioners and compliance of the aforesaid, learned counsel
for the respondent nos. 2 to 4 have place the instructions and the matter was
taken up today and the same are taken on record. It is further informed that
the payment of undisputed amount of Rs. 5,62,017.20 Paise has been made
to the petitioners.
5. In the aforesaid circumstances, we dispose of the writ petition with liberty
to the petitioners to file a detailed representation alongwith certified copy of
this order before respondent no.2 in respect of the balance amount payable to
the petitioners by the Nagar Nigam, Bareilly in respect of work order dated
WRIC No. 14718 of 2026
2
25.8.2021 within a period of two weeks. In case, any such representation is
filed by the petitioners, the respondent no.2 shall consider and decide the
same in accordance with law within a period of one month thereafter from
the date he receives representation of the petitioners.
May 6, 2026
Gaurav
(Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
Digitally signed by :-
GAURAV PATEL
High Court of Judicature at Allahabad
Checking your session…