High Court of Punjab and HaryanaCWP/3729/2022disposed of

Sukhmander Singh 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.139 Case No. : C.W.P. No.3729 of 2022 Date of Decision : February 25, 2022 Sukhmander Singh 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 balance payment of Rs.1,13,00,000/- qua the work executed by the petitioner, along with interest. The petitioner is a Government Contractor and was allocated the work of re-modeling/re-lining M-15 Grade Concrete Mixed RD 397000-403850 of Bathinda Branch. The petitioner has completed the aforesaid work to the entire satisfaction of the

department. Payment of his first running bill has already been released to the petitioner but balance amount of Rs.1,13,00,000/- has not been released so far. Precisely, for the claim in question, the petitioner has approached respondent no.4 by way of representation dated 20.01.2022 but the same has not been adverted to till date. At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case his representation dated 20.01.2022 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 20.01.2022, 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