Vijay Prakash vs. Uttarakhand Jal Sansthan
Facts
The petitioner, Vijay Prakash, filed a writ petition seeking a mandamus directing the respondent, Uttarakhand Jal Sansthan, to release an outstanding amount of Rs. 9,59,007/- along with GST at 18%. The petitioner also sought interest at 12% per annum on this amount. The petitioner was awarded a contract for construction of a sewer line and its connection to an existing STP, pursuant to an MOU between THDC India Ltd. and Uttarakhand Jal Sansthan. The petitioner claimed the outstanding amount from respondent no. 3, the Executive Engineer, Maintenance Division, Uttarakhand Jal Sansthan. The Jal Sansthan contended that the petitioner had not submitted bills for the remaining amount but agreed to consider the dues if details were provided.
Held
The Court did not express any opinion on the merits of the case. Instead, it disposed of the writ petition by issuing a direction to respondent no. 3, the Executive Engineer, Maintenance Division, Uttarakhand Jal Sansthan, New Tehri. This direction requires respondent no. 3 to consider and decide the representation submitted by the petitioner within a period of three weeks from the date of production of a certified copy of the Court's order. The Court's decision focuses on procedural fairness and ensuring the petitioner's representation is addressed, rather than adjudicating the substantive claims for the outstanding amount or interest.
Key Issues
1. Whether the petitioner is entitled to a writ of mandamus directing the respondent, Uttarakhand Jal Sansthan, to release the outstanding amount of Rs. 9,59,007/- along with GST @ 18%? 2. Whether the petitioner is entitled to interest at the rate of 12% per annum on the outstanding amount from the date it became due until actual payment? Petitioner's Contention: The petitioner argued that an amount of Rs. 9,59,007/- along with GST @ 18% is due and payable for the contract work, and they are also entitled to interest at 12% per annum on this outstanding sum. Respondent's (Uttarakhand Jal Sansthan) Contention: The respondent stated that the petitioner had not submitted the bills for the remaining amount. However, they assured that if the petitioner submitted the details of the dues, the same would be considered in accordance with the law.
AI-generated summary — verify with the full judgment below
UKHC010155692026
2026:UHC:8102 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2676 (M/S) of 2026
Dated 09.09.2026
Vijay Prakash
-------Petitioner
Versus Uttarakhand Jal Sansthan -----------Respondents ----------------------------------------------------------------------------- Presence:- Mr. Abhilash Nainwal, learned counsel for the petitioner. Mr. Pankaj Chaturvedi, learned counsel for the respondent nos. 1 to 3. Mr. Shobhit Saharia, learned counsel for the respondent nos. 4. ----------------------------------------------------------------------------- Hon’ble Mr. Subhash Upadhyay, J.
The petitioner has filed the writ petition with the following prayers:
“i. Issue a writ, order or direction in the nature of mandamus directing the respondent Uttarakhand Jal Sansthan to forthwith release the outstanding amount of Rs. 9,59,007/- (Rs. Nine Lakh Fifty Thousands and Seven) along with GST @ 18 to the petitioner. ii. Issue a writ, order or direction directing the respondents to pay interest at the rate of 12% per annum on the aforesaid outstanding amount from the date the amount became due ti
The judgment continues below.
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