STATE OF UTTAR PRADESH Vs. A.K. EARTH MOVERS AND ORS.
LAWS(SC)-2016-3-107
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on March 11,2016

STATE OF UTTAR PRADESH Appellant
VERSUS
A.K. Earth Movers And Ors. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The respondents-writ petitioners had filed a writ petition i.e. Writ Petition No.1383 (MB) of 2013 before the Allahabad High Court, Lucknow Bench seeking payment of certain dues for work done, which according to the writ petitioners were undisputed. The writ petition was disposed of by the High Court on 20th February, 2013 with the following operative direction :- "...Accordingly, writ petition is disposed of with a direction to respondents to decide the pending representation on merits within a period of four weeks from the date of receiving a copy of this Order. Writ petition, thus, stands disposed of."
(3.) Pursuant thereto the Executive Engineer, Flood Division, Sharda Nagar, Lucknow passed the following order dated 15.03.2013 :- "In compliance of order dated 20.2.2013 passed by the Lucknow Bench of the Hon'ble High Court in Writ Petition No.1383 (MB) of 2013 filed by M/s. A.K. Earth Movers (Proprietor Pankaj Singh & Ors.) in the Hon'ble High Court, Lucknow Bench, M/s. A.K. Earth Movers (Proprietor Pankaj Singh & Ors.) are informed that the payments requested for work done against those contracts as contained in their representation s dated 1.2.2013 and in Writ Petition No.1383 (MB) of 2013 filed by them, the said works are under inquiry. As such, at the present time these works are disputed. Upon completion of enquiry, necessary action in respect of payment against the said works shall be taken.";


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