Allahabad High Court
M/S CHANDA CATERERS AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court disposed of the writ petition, directing the petitioner to file a fresh representation before the District Magistrate, without deciding the merits.
Summary
M/s Chanda Caterers sought payment of Rs.9,60,000 for supplying food packets and bottled water to beneficiaries of various development schemes during the foundation ceremony of Jewar International Airport on 25-11-2021. The petition alleged that despite a letter from the District Magistrate, Bulandshahar to the District Magistrate, Gautam Buddh Nagar, the amount remained unpaid. The State of Uttar Pradesh and other respondents argued that the writ petition should not be kept pending and suggested that the grievance be considered by the appropriate authority. The High Court, without examining the merits, disposed of the writ petition and directed the petitioner to file a fresh representation, along with a certified copy of the order, before the District Magistrate, Bulandshahar within one month. The court further ordered that the District Magistrate decide the representation within one month of receipt.
Issues considered
- What relief, if any, can be granted by the High Court in a writ petition seeking recovery of unpaid dues from a government authority?
- Whether the High Court should entertain the merits of the petition or direct the petitioner to approach the administrative authority afresh.
Subjects
- unpaid dues
- government contract
- writ petition
- administrative law
- representation
- district magistrate
- Jewar International Airport
- foundation ceremony
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17452 of 2026
M/S Chanda Caterers And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Tiwari
Counsel for Respondent(s) : C.S.C., Vinayak Nath Singh
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State-respondents and Sri Vinayak Nath Singh, learned counsel for
respondent no.4
2. The grievance of the petitioner is that respondent-authority is not paying
the admitted dues of Rs.9,60,000/- to the petitioner for supply of food
packets and bottled water to the beneficiaries of the various developmental
schemes launched by the Government of India and State of Uttar Pradesh
during the foundation ceremony of Jewar International Airport at NOIDA
held on 25.11.2021 despite the fact that a letter in this regard has been
written by the District Magistrate, Bulandshahar to the District Magistrate,
Gautam Buddh Nagar appearing on page 15 of the writ petition, but till date,
no amount has been released in favour of petitioner.
3. Learned counsel for the respondents submits that no useful purpose would
be served in keeping the writ petition pending and appropriate direction may
be issued to the respondent no.2 to consider the grievance of the petitioner.
4. Considering the facts and circumstances of the case and without adverting
into the merits of the case, we dispose off the writ petition permitting the
petitioner to file a fresh representation alongwith certified copy of this order
raising all his grievances before the respondent no.2-District Magistrate,
Bulandshahar within a period of one month from today. In case, any such
representation is filed by the petitioner, the respondent no.2 shall consider
and decide the same in accordance with law within a period of one month
from the date he receives the representation of the petitioner.
May 5, 2026
Sattyarth
(Garima Prashad,J.) (Saral Srivastava,J.)
Digitally signed by :-
SATTYARTH ANAND
High Court of Judicature at Allahabad
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