M/S H.R. Construction Company vs. State Of U.P. And 6 Others
Held
The Court, considering the facts and circumstances and without delving into the merits of the case, disposed of the writ petition. The Court directed the petitioner to file a fresh representation, along with a certified copy of the order, raising all their grievances before respondent no. 6, the Executive Engineer, Purvanchal Vidyut Vitran Nigam Ltd., Electricity Distribution Division, Siddhartha Nagar. This representation is to be filed within one month from the date of the order. Upon receipt of such a representation, respondent no. 6 is mandated to consider and decide the same in accordance with the law within one month from the date of receiving the representation. The Court did not make any findings on the validity of the petitioner's claim for payment or the applicability of GST, nor did it decide the substantive issues of law or fact pertaining to the dispute.
Facts
The petitioner, M/S H.R. Construction Company, is a registered contractor firm involved in electrical distribution works. The petitioner's grievance is that respondent-authority has not released payment of Rs. 1,95,998/- along with applicable GST, despite the petitioner submitting multiple representations. The petitioner has approached the High Court through a writ petition seeking a direction for the release of payment. The respondents, through their counsel, submitted that no useful purpose would be served by keeping the writ petition pending and suggested that an appropriate direction be issued to respondent no. 6 to consider the petitioner's grievance. The tax period for the disputed amount is not specified in the judgment.
Key Issues
1. Whether the respondent-authority is legally obligated to release the payment of Rs. 1,95,998/- along with applicable GST to the petitioner for electrical distribution works, and if so, what is the appropriate course of action for the Court? (This issue is framed as a question of mixed law and fact, turning on the contractual obligations and GST provisions related to payment for services rendered). Petitioner's Contention: The petitioner argues that the payment is due and has not been released despite their representations, implying a breach of contractual or statutory obligation by the respondent. Respondent's Contention: The respondents did not contest the merits of the petitioner's claim but rather suggested that the matter be resolved by issuing a direction to the relevant authority to consider the grievance, indicating a procedural approach rather than a substantive defense against the payment itself.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 9255 of 2026 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri Shrawan Kumar Tripathi, learned counsel for respondent nos.2 to 7. 2. The petitioner is a registered contractor firm engaged in the business of electrical distribution works including installation of transformers etc. The grievance of the petitioner is that respondent-authority is not releasing the payment of Rs.1,95,998/- alongwith applicable GST to petitioner despite the fact that petitioner has submitted several representations to the respondent- authority in this regard, but till date no action has been taken on the same.
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.6 to consider the grievance of the petitioner.
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 re
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