Neutral Citation No. - 2023:AHC:144032-DB
Court No. - 40 Case :- WRIT - C No. - 20955 of 2023
Petitioner :- M/S Sahil Traders
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Shamimul Hasnain,Indu Bhushan Tripathi
Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi,Krishna Agarawal,Sachin Mishra
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner, Shri Sachin Mishra, learned counsel for Electricity Department and Shri Krishna Agarawal, learned counsel for U.P. Power Corporation Ltd.
2. Petitioner claims to be 'A' Class Contractor engaged in carrying out contracts pertaining to Electricity Department. It appears that a tender was invited by Dakshinanchal Vidyut Vitran Nigam Ltd. (in short 'DVVNL) for shifting of transformers and 11/33 KV and LT Line of 11 KV Govind Nagar Feeder and associated work due to construction of bridge on Railway crossing at Laxmi Nagar, Link Road, Mathura, wherein, petitioner was found to be highest bidder and a contract was also executed. It is also claimed that petitioner-firm has raised certain bills, which are not cleared by the respondent authorities.
3. Present writ petition is preferred seeking a direction in the nature of mandamus commanding the respondents to make the payment of balance amount to the tune of Rs.16,31,282/- with 18% interest for the work carried out by the petitioner- firm.
4. Learned counsel for the Electricity Department submits that the writ petition under Article 226 of the Constitution of India is not maintainable on the ground of limitation and as per the agreement clause no claim can be adjudicated at this stage. He further submits that the disputed bills relate to the year 2016 and entire payment as per the work performed by the petitioner-firm has already been made.
5. Considering the facts and circumstances of the case, as the entire claim is set up for settlement of bill raised in the year 2016 and that too without giving any plausible explanation for the delay, we are not inclined to entertain the writ
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petition at this belated stage.
6. Consequently, the writ petition is dismissed.
Order Date :- 19.7.2023 A. Pandey
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