RAJ KUMAR Vs. STATE OF UP

JUDGEMENT

(1.) The Petitioner happens to be son of late Jai Deo Prasad who was contractor and completed certain work under contract with the Respondents. The father of the Petitioner was not paid the entire amount of the contract and an amount of Rs. 5,02,713 remain due against the Respondents. Pending that payment the Petitioner's father died. After death of the father, the Petitioner moved an application before the Respondent No. 2 for the payment which was to be released in favour of his father. After receipt of the application of the Petitioner, the Executive Engineer has required the succession certificate. The Petitioner has filed a case before the Civil Judge for granting the succession certificate for which an amount of Rs. 30,588 was paid towards court fee. On 29.3.2007 the succession certificate was issued by the Civil Judge, (Senior Division), Mathura in favour of the Petitioner. After receiving the same, the Petitioner has submitted the succession certificate before the Respondent No. 2 on 30.3.2007. After submission of the aforesaid certificate, the Respondent No. 2 has paid Rs. 60,000 out of Rs. 5,02,713. For remaining payment Petitioner has filed an application on 25.5.2006 but nothing has been done. Thereafter the Petitioner has sent several reminders before the Respondent No. 2 but it remain unattended, copies of the few reminders have been brought on record of the writ petition.

(2.) Aggrieved by the inaction of the Respondents the Petitioner has filed present writ petition with the prayer to issue a writ of mandamus directing the Respondents to make payment of an amount of Rs. 4,37,713 along with 10% interest.

(3.) A counter affidavit has been filed by the State Respondents. In paragraph 4 of the counter affidavit the claim of the Petitioner to the extent of Rs. 5,02,713 has been admitted by the Respondents. According to that an amount of Rs. 65,788 was paid to the Petitioner vide Voucher No. 226H dated 31.3.2007 after deducting a sum of Rs. 1,474.00 as income tax. For remaining payment the letter has been written to the Government but the budget has not been allocated therefore the payment has not been made and as soon as the amount is received the entire payment of the Petitioner shall be made to him.