SHIV KUMARI SONI Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Ved Prakash Yadav, learned counsel for petitioner, learned Additional Chief Standing Counsel for State-opposite party No.1 and Shri Manish Jauhari, learned counsel for opposite parties no.

(2.) and 3. 2. This petition has been filed seeking a writ, order or direction in the nature of mandamus commanding the State of U.P. through Principal Secretary, Department of Energy-opposite party No.1 and the Managing Director, Madhyanchal Vidyut Vitran Khand-4A, Lucknow-opposite party No.2 to direct the Executive Engineer, Madhyanchal Vidyut Vitran Khand-2, Sultanpur, opposite party No.3 to give the admitted amount being the total remaining rental amount with interest to the petitioner as well as to direct the Managing Director, Madhyanchal Vidyut Vitran Khand, Lucknow to consider and take appropriate decision in pursuance of Annexure Nos. 6 and 7 submitted before him by the District Magistrate, Sultanpur.

(3.) The facts of the case as submitted by the learned counsel for the petitioner are that for electrification in Rural areas of District Sultanpur, under the "Rajiv Gandhi Gramin Vidyutikaran Scheme", the Executive Engineer, Madhyanchal Vidyut Vitran Khand-2 Sultanpur had given work to M/s Variegate Projects Private Limited, Hyderabad (herein after called as "the Firm"). The Firm entered into a rental agreement dtd. 1/3/2015 with the petitioner and took on lease the petitioner's premises for storing electrical goods subject to the terms and conditions mentioned in the rental agreement. The Firm was later on blacklisted and consequently when the opposite party No.3 tried to take possession of the electrical goods stored by the Firm, to shift it to its departmental store, the petitioner raised objection that the Firm had not made payment of rent and unless the payment was made, the petitioner would not let the electrical goods to be lifted and shifted from her premises. It has been submitted that the Executive Engineer apprised the District Magistrate, Sultanpur about the said situation vide letter dtd. 6/8/2016 and in pursuance thereof, the Sub Divisional Magistrate, Lambhua was directed to resolve the dispute. Thereafter on 8/8/2016 the Executive Engineer assured the petitioner for payment of the entire arrears of rent due against the Firm out of which payment of Rs.1,10,000.00 vide Cheque No. 039028 and of Rs.3,97,767.00 vide cheque No. 87174, drawn on Punjab National Bank, District Sultanpur, in total amounting to Rs.5,07,767.00, was paid to the petitioner by the opposite party No.3 with promise to make payment of the balance of Rs.5,32,707.00 after shifting of the electrical goods. However, despite repeated request as the payment was not made, the petitioner submitted representation to the Managing Director-opposite party No.2 before whom the District Magistrate Sultanpur had also submitted its reports vide letters dtd. 17/11/2020, 2/1/2021 and 25/2/2021, but till date neither any decision has been taken by the Managing Director nor the payment has been made.