M/S. J.P. Construction vs. State Of U.P. And 4 Others
Original PDF →Facts
The petitioner, M/S. J.P. Construction, filed a writ petition before the Allahabad High Court seeking a mandamus to compel respondent no. 5 to release a payment of Rs. 37,82,101/- (including GST) for contract work performed under Work Order No. 235/S.E.P.R.J. Circle/2022-23 dated 14.09.2022, and to pay interest at 18% for delayed payment. Subsequent to the filing of the writ petition, respondent no. 5 released Rs. 17,91,819/- to the petitioner. However, the remaining amount of Rs. 19,90,282/- was allegedly withheld illegally by the respondents. The Court was considering the matter without delving into its merits.
Held
The Court, considering the facts and circumstances and without adjudicating on the merits of the case, disposed of the writ petition. The petitioner was permitted to file a fresh representation, along with a certified copy of the Court's order, detailing all their grievances before respondent no. 5 within one month. Respondent no. 5 was directed to consider and decide this representation in accordance with the law. This decision was to be made after providing the petitioner with due notice and an opportunity of hearing. The decision on the representation was to be completed within two months from the date of its receipt by respondent no. 5. The Court did not decide on the entitlement to the remaining payment or interest.
Key Issues
1. Whether the petitioner is entitled to a writ of mandamus directing respondent no. 5 to release the remaining payment of Rs. 19,90,282/- for contract work done, along with interest at 18% for delayed payment, under Work Order No. 235/S.E.P.R.J. Circle/2022-23 dated 14.09.2022? Petitioner's Contention: The petitioner argued that a significant portion of the payment for contract work has been illegally withheld by the respondents, and they are entitled to the release of the remaining amount and statutory interest due to the delay. Revenue/State's Contention: The judgment does not record any specific arguments or contentions made by the Standing Counsel for the State or any other respondent.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 22144 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J.
Heard counsel for the petitioner and learned Standing Counsel for the State.
Petitioner by means of present writ petition has prayed for the following relief :- "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 5 to release the payment of Rs. 37,82,101/- (with GST and by deducting other taxes) for contract work done by the petitioner for Work Order (Contract Bond) No. 235/S.E.P.R.J. Circle/2022-23 dated 14.09.2022 and pay interest of 18% for delay in payment."
Ms. Chhaya Gupta, counsel for the petitioner submits that after filing of the present writ petition, respondent no. 5 has released the amount of Rs. 17,91,819/- in favour of petitioner, however, the remaining amount of Rs. 19,90,282/-, which is also to be paid to the petition has illegally been withheld by the respondents.
Considering the facts and circumstances of the case and without adverting into the merits of the case, the writ petition is disposed off permitting the petitioner to file a fresh representation along with certified copy of this order raising all his grievances before respondent no. 5 within a period of one month from today. In case, any such representation is filed by the petitioner, the respondent no. 5 shall consider and decide the same in accordance with law after giving due notice and opportunity of hearing Versus Counsel for Petitioner(s) : Chhaya Gupta, Sujeet Kumar Counsel for Respondent(s) : C.S.C. M/S. J.P. Construction .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
to the petitioner within a period of two months thereafter from the date the respondent no. 5 receives the representation of the petitioner. September 23, 2025 sailesh WRIC No. 22144 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) SAILESH PRAJAPATI High Court of Judicature at Allahabad
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.