High Court of Punjab and HaryanaCWP/2451/2022disposed of

Ashok Kumar Contractor v. State Of Punjab And Others

2022-02-25Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr.No.119 Case No. : C.W.P. No.2451 of 2022 Date of Decision : February 25, 2022 Ashok Kumar Contractor .... Petitioner vs.

State of Punjab and others .... Respondents CORAM :HON'BLE MR. JUSTICE RAJ MOHAN SINGH. * * * Present : Mr. Chirag Girdhar, Advocate for the petitioner.

* * * RAJ MOHAN SINGH , J.

(Oral) :

The case has been taken up for hearing through Video Conferencing.

Petitioner has preferred this petition for issuance of an appropriate writ in the nature of mandamus directing the respondents to release the payment of 5th and final bill amounting to Rs.98,96,729/- qua the work executed by the petitioner, along with interest.

The petitioner is a Government Contractor and was allocated the work of providing Sewer System in the main city area and across the railway line at Sri Muktsar Sahib on

14.02.2011. The petitioner has successfully completed the work assignment. Payment of running bills has also been released to the petitioner but payment of 5th and final bill has not been released so far despite filing repeated representations. The petitioner has also sent latest representation dated 01.01.2022 to respondent no.4.

At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case his representation dated 01.01.2022 is ordered to be decided in accordance with law within the specified period. Notice of motion.

On the asking of the Court, Mr. Charanpreet Singh, AAG, Punjab accepts notice on behalf of the respondents. In view of nature of order which this Court proposes to pass, there is no necessity of calling upon response from the respondents, at this stage, as no order prejudicial to the interest of any party is being passed.

This petition is disposed of with a direction to respondent no.4 to take an appropriate decision on pending representation dated 01.01.2022, filed by the petitioner and decide the same in accordance with law, preferably within a period of one month from the date of receipt of certified copy of

this order.

If respondent no.4 ultimately comes to the conclusion that the petitioner is entitled for the amount in question, the same be paid forthwith within a further period of one month. In case, the amount in question is not paid within the aforesaid period of one month, thereafter, the petitioner shall be entitled to interest @ 6% per annum for the delayed payment thereafter till final realization of the amount.

February 25, 2022 (RAJ MOHAN SINGH) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No