M/S S.K Builders v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-624-2021 (O&M) Date of Decision: 11.02.2021 M/s S.K Builders

...Petitioner

V/s State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. R.K.Girdhar, Advocate, for the petitioner.

Ms. Anju Sharma Kaushik, DAG, Punjab.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petitioner, inter alia, seeks issuance of a writ in the nature of mandamus directing the respondents to make the payment, of what is alleged to be an admittedly due amount of Rs.9,01,611/-, qua the work already executed by the petitioner along with interest. 2.

Learned counsel for the petitioner submits that work was allotted to the petitioner in the year 2014, vide different allotment letters. Petitioner commenced work soon thereafter and successfully completed the same. Notwithstanding, payment has not been made, without any reasonable cause, while on the other hand petitioner has been suffering financial loss. 3.

In the premise, petitioner submitted various representations followed by legal notice dated 14.12.2020 (Annexure P-5) but to no avail. Hence, the instant petition.

VIVEK PAHWA 2021.02.12 12:05 I attest to the accuracy and integrity of this document

4.

Learned counsel for the petitioner submits that he would be satisfied, at this stage, if a final decision is taken by the respondents on the pending legal notice dated 14.12.2020 (Annexure P-5). 6.

Notice of motion.

7.

Ms. Anju Sharma Kaushik, DAG, Punjab who has joined proceedings on service of advance copy of this petition appears and accepts notice on behalf of the respondent-State of Punjab. 8.

On a query of the Court, learned State counsel upon instructions from respondent No.3 submits that appropriate order shall be passed on the pending legal notice dated 14.12.2020 (Annexure P-5), in accordance with law. In case, the petitioner is found entitled, payment thereof shall be released in due course.

9.

In the premise, if favourable order is passed, benefit thereof be accorded within a period of six weeks thereafter, failing which petitioner shall be entitled to interest @ 9% p.a. recoverable from the salary of the erring official.

10.

Disposed of accordingly.

February 11, 2021 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VIVEK PAHWA 2021.02.12 12:05 I attest to the accuracy and integrity of this document