Allahabad High Court
M/S RAJ KUMAR AND SONS AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition was disposed of, directing the petitioners to file fresh representations before the respondents, without granting mandamus for payment.
Summary
The petitioners, Raj Kumar and Sons, were awarded contracts for six irrigation sites in 2023-24, three under the Superintending Engineer, Minor Irrigation Department, Meerut and three under the Executive Engineer, Minor Irrigation Division, Saharanpur. They completed all works on time but claim that no payment has been made. They filed a writ petition seeking a mandamus directing the respondents to pay the outstanding amounts with interest. The High Court, without examining the merits, dismissed the petition and directed the petitioners to file fresh representations, with certified copies of the order, before the respective respondents within one month, and the respondents to decide those representations within one month. The order thus provides procedural relief rather than a substantive payment direction.
Issues considered
- Whether the High Court should issue a writ of mandamus directing the respondents to pay the outstanding contract amounts to the petitioners.
Subjects
- contract payment
- mandamus
- writ petition
- public works
- minor irrigation department
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17916 of 2026
M/S Raj Kumar And Sons And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ramesh Kumar Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioners and learned Standing Counsel
appearing for the respondents.
2. The petitioners, by means of the present writ petition, have prayed for
the following relief:-
"A. Issue a writ order or direction in the nature of mandamus
commanding the respondents to pay the outstanding amount in favour of
petitioners regarding the work done in view of the application dated
14.2.2026 with the interest thereon within the period stipulated by this
Hon'ble Court.
3. Learned counsel for the petitioners submits that in the year 2023-24,
the petitioners were allotted contract for six sites. Out of the aforesaid
contract of six sites, three were under the Superintending Engineer, Minor
Irrigation Department, Meerut (respondent No.2) and remaining three
were under the Executive Engineer, Minor Irrigation Division,
Saharanpur (respondent No.3). The grievance of the petitioners is that
though the works of all the sites have been completed within time but no
payment has yet been made to them.
4. Learned Standing Counsel submits that no useful purpose would be
served in keeping the writ petition pending and appropriate direction may
be issued to the respondent Nos.3 & 4 to consider the grievance of the
petitioners.
WRIC No. 17916 of 2026
2
5. 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 petitioners to file two fresh representations along with
certified copy of this order raising all their grievances before the
respondent Nos.3 and 4 respectively within a period of one month from
today. In case, any such representations are filed by the petitioners, the
concerned respondents shall consider and decide the same in accordance
with law within a period of one month from the date they receive the
representations of the petitioners.
(Garima Prashad,J.) (Saral Srivastava,J.)
May 6, 2026
Rakesh
Digitally signed by :-
RAKESH MEHTA
High Court of Judicature at Allahabad
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