High Court of Punjab and HaryanaCWP/3660/2022disposed of

The Miri Piri Co-Operative Society Ltd. v. State Of Punjab And Others

2022-02-24Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr.No.144 Case No. : C.W.P. No.3660 of 2022 Date of Decision : February 24, 2022 The Miri Piri Co-opertive Society .... Petitioner vs.

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

* * * RAJ MOHAN SINGH , J.

(Oral) :

Petitioner has preferred this petition for issuance of an appropriate writ in the nature of mandamus directing the respondents to release the entire arrears against the work done by the petitioner in pursuance of work order dated 18.10.2019, along with interest.

The petitioner was allocated the work of construction of a berm from Main Sarai Road up to Dusshera Ground under the Municipal Council, Jandiala Guru, by respondent no.4. After completion of work, the petitioner had already represented before respondent no.4 for the release of due amount. However, the same has not been adverted to so far. The

petitioner has filed numerous representations including the legal notice dated 27.12.2021.

At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case his legal notice 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 legal notice dated 27.12.2021, 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 24, 2022 (RAJ MOHAN SINGH) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No