High Court of Punjab and HaryanaCWP/8058/2022disposed of

M/S Dinesh Construction Company v. Director, Directorate Of Cultural Affairs, Archaeological And Museums, Punjab

2022-04-21Mr. Justice Raj Mohan Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.8058 of 2022 Date of Decision:21.04.2022 M/s Dinesh Construction Co.

......Petitioner Vs Director, Directorate of Cultural Affairs, Archaeological and Museums, Punjab.

.....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr.Dheeraj Mahajan, Advocate for the petitioner. **** RAJ MOHAN SINGH, J. (Oral) Petitioner has preferred this petition for issuance of an appropriate writ, especially in the nature of mandamus, directing the respondent to release the admitted payment of final bill of Rs.46,36,243/- and an amount of VAT along with interest qua the work done by the petitioner.

Petitioner is a construction company. Work of conservation and planning for the Quila at Patti, Tarn Taran, Punjab was allocated to the petitioner vide work order dated 15.01.2015. Thereafter, formal contract agreement was also executed on 13.03.215. The aforesaid work was executed by the petitioner to the satisfaction of the respondent authorities. Even completion certificate was issued to the petitioner on 22.10.2021, but the aforesaid payments have not been released to the petitioner despite the legal notice dated 17.03.2022 got issued by the petitioner.

At this stage, learned counsel for the petitioner ANITA DEVI 2022.04.22 17:19 I attest to the accuracy and integrity of this document

CWP No.8058 of 2022 -2submits that the petitioner would be satisfied in case its legal notice dated 17.03.2022 is ordered to be decided by respondent authorities within a specified period in accordance with law. Notice of motion.

On asking of the Court Mr. C.L.Pawar, Sr.DAG, Punjab accepts notice on behalf of the respondent. In view of nature of order which this Court proposes to pass, there is no necessity of calling upon response from the respondent 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 the respondent authorities to decide the legal notice of the petitioner dated 17.03.2022 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. (RAJ MOHAN SINGH) 21.04.2022 JUDGE anita Whether speaking/reasoned Yes/No Whether reportable Yes/No ANITA DEVI 2022.04.22 17:19 I attest to the accuracy and integrity of this document