Rajan Contractor v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.5631 of 2022(O&M) Date of Decision: 21.03.2022 Rajan Contractor -Petitioner

Versus

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

Present:

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

(Proceedings through Video Conferencing) **** RAJ MOHAN SINGH, J. (Oral) Petitioner has preferred this petition for the issuance of an appropriate writ in the nature of mandamus, directing the respondents to make the balance payment of Rs.14,73,882/- including security qua the works done by the petitioner along with interest.

Petitioner being a Government Contractor was assigned various works on 15.05.2019 by the respondents. Petitioner successfully completed the same. The bills and hand receipt of these works have also been passed and entries of the bills have also been made in the measurement book, but the

balance payment including security has not been released so far. Petitioner has served various representations including latest legal notice dated 25.02.2022 to respondent No.6, but still the needful in the context of releasing the payment has not been done.

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.6 to take notice of pending representation/legal notice dated 25.02.2022 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.6 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