High Court of Punjab and HaryanaCWP/6779/2022disposed of

M/S Popular Pipes v. State Of Punjab And Others

2022-04-01Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 01.04.2022 M/s Popular Pipes -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.37,68,008/- 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 providing an independent Water Supply Scheme to Gurudwara Sh. Guru Ravidas Ji (Tap Asthan) at village Khuralgarh (Khurali) in Block Garhshankar, District Hoshiarpur was allocated to the petitioner on 23.11.2021. Petitioner has successfully completed the work assignment to the satisfaction of the competent authority on

-225.01.2022. First and final bills were submitted and passed by the competent authority. The execution and completion of work was duly reflected in the record of the department in terms of measurement books etc. The work has been undertaken by the petitioner as per specifications of the department, but the payment has not been released despite recommending the same by respondent No.5 to respondent No.2.

Precisely for the claim in question, the petitioner has already approached the respondents by way of filing representation including legal notice dated 01.03.2022 before respondent No.5.

At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case its representation including legal notice is directed to be decided by respondent No.5 by passing a speaking order in accordance with law.

Notice of motion.

On the asking of the Court, Mr. C.L. Pawar, Sr. D.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.

-3This writ petition is disposed of with a direction to respondent No.5 to take note of representation including legal notice dated 01.03.2022 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.

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.

01.04.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No