M/S Satya Paul v. State Of Punjab And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 28.03.2022 M/s Satya Paul Contractor -Petitioner

Versus

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

Present:

Mr. R.K. 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.51,59,000/- along with interest qua the work done by the petitioner. Petitioner is a government contractor and has executed various work assignments assigned to it by the respondents from time to time. The work of periodical repair of Moga Harike Road RD 0.00-5.00 Km. including maintenance of road for three years under Head 5054 RB-10 (Road) was allocated to the petitioner on 17.04.2020.

Petitioner has successfully completed the work assignment, but the balance payment of the petitioner has not

-2been released despite the bills having been passed by the respondents. Respondents No.3 and 4 have already sent various letters to respondent No.2 in the context of release of balance payment to the petitioners, but the same have not been adverted to by respondent No.2 so far.

Precisely for the claim in question, the petitioner has already approached the respondents by way of filing representation and even a demand notice has been raised for releasing the balance payment on 29.11.2021.

At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case its 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, Mr. Tarun Vir Singh Lehal, Addl. 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

-329.11.2021 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. If 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.

28.03.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No