Munish Bhambri v. State Of Punjab And Others



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.5593 of 2022(O&M) Date of Decision: 21.03.2022 Munish Bhambri -Petitioner

Versus

State of Punjab and others -Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. N.S. Sidhu, Advocate, for the petitioner.

(Proceedings through Video Conferencing) **** RAJ MOHAN SINGH, J. (Oral) The grievance of the petitioner is that despite supply of material as per work order allocated to the petitioner, respondent No.4 has not released the balance payment of Rs.5,57,000/-. Petitioner was allocated the order for supply of interlocking pavers/tiles, sand, bajri, cement, bricks etc to different villages under the MGNREGA Scheme.

Petitioner is running a factory under the name and style of Ganpati Tiles. Petitioner had supplied the aforesaid material as per work order and had also submitted the bills with respondent No.4. As per tabulated information pleaded in para

No.4 of the petition, an amount of Rs.5,57,000/- is still due, for which original GST invoices in the name of concerned Panchayat have already been submitted before respondent No.4. Part payments have already been released to the petitioner, but the aforesaid balance amount has not been released despite the representation dated 22.11.2021 supplemented by legal notice dated 22.02.2022. At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case his legal notice/representation is directed to be decided by the respondents within a specified period.

Notice of motion.

On the asking of the Court, Ms. Ambika Bedi, AAG, Punjab accepts notice on behalf of the State. In view of nature of relief sought, there is no need to call upon any formal response from the respondents. This writ petition is disposed of by directing respondent No.4 to take notice of pending representation/legal notice dated 22.02.2022 and decide the same in accordance with law within a period of one month from the date of receipt of certified copy of this order. In case, the claim of the petitioner is found to be worth acceptance, the same shall be implemented in the context of making payment of due amount forthwith. In

case of any delay, the petitioner shall be entitled to interest @ 6% per annum for the delayed payment from the date of accrual of cause of action till final realisation of the amount. If respondent No.4 ultimately finds that the claim of the petitioner is not acceptable, then representation/legal notice be decided by passing a speaking order and the same be communicated to the petitioner within a reasonable time. Disposed of.

21.03.2022 (RAJ MOHAN SINGH) Prince JUDGE Whether Speaking Yes/No Whether Reportable Yes/No