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High Court of Punjab and HaryanaCWP/6589/2022disposed of

Chaman Lal v. State Of Punjab And Others

2022-03-30Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 30.03.2022 Chaman Lal Contractor -Petitioner

Versus

The 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) Petitioner has preferred this petition for issuance of an appropriate writ in the nature of mandamus directing the respondents to release balance payment of Rs.3,11,53,967/- along with interest qua the work done by the petitioner. Petitioner is a government contractor and has executed various work assignments assigned to him by the respondents from time to time. The work of remodeling/relining of Bathinda Branch from RD 442000 to 448000 was allocated to the petitioner on 08.10.2021. Petitioner has successfully completed the work assignment on 30.10.2021. First and second running bills have already been passed by the respondents, but the payment to the tune of Rs.3,11,53,967/-

-2has not been released till date.

Precisely for the claim in question, the petitioner has already approached the respondents by way of filing a representation dated 02.02.2022 before respondent No.4, raising demand for releasing the due amount of the work executed by the petitioner. Till date, needful has not been done. At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case his representation is directed to be decided by respondent No.4 by passing a speaking order in accordance with law. Notice of motion.

On the asking of the Court, Ms. Simaran Gerewal, A.A.G., 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 any response from the respondents at this stage, as no order prejudicial to the interest of any party is being passed.

This writ petition is disposed of with a direction to respondent No.4 to take note of representation dated 02.02.2022 got issued by the petitioner and pass appropriate order in accordance with law, preferably within a period of one month from the date of receipt of certified copy of this order.

-3If the entitlement of the petitioner is established with reference to record, then the payment be released to the petitioner forthwith. Any delay in disbursing the payment shall result in imposition of interest @ 6% per annum for the delayed payment from the date of accrual till final realization of the same.

If the entitlement of the petitioner is not found, then the representation be decided by passing a speaking order and the same be communicated to the petitioner within a reasonable time.

30.03.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No