SANJAY CONSTRUCTIONS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner, by means of present writ petition, seeks to issue a writ, order or direction in the nature of certiorari to call for records and further quashing the order of recovery for the amount of Rs. 3,20,46,018/ - dated 30.06.2014, passed by respondent no. 4, and order dated 30.08.2014, issued by respondent no. 4, directing respondent no. 5 to initiate recovery process. A prayer has also been made to direct respondent no. 3 to decide the representation of the petitioner filed on 03.07.2014 and reminder dated 26.07.2014 within 45 days as stipulated in Clause 24.1 of the General Clauses of Contract.

(2.) LEARNED counsel for the petitioner confined his prayer only to the extent that the representation of the petitioner be directed to be decided by respondent no. 3, as per agreement, a copy of which has been enclosed as Annexure -2 to the writ petition. It is stated by learned counsel for the petitioner that representation of the petitioner is already pending before respondent no. 3. It is also prayed that till such representation is decided, recovery citation issued against the petitioner be kept in abeyance.

(3.) LEARNED counsel for the petitioner drew attention of this Court towards Clause 24.1 of the agreement, which is being reproduced here -in -below for ready reference. The same reads as under: