High Court of Punjab and HaryanaCWP/8519/2022disposed of

M/S Tarsem Chand Contractor v. State Of Punjab And Others

2022-04-26Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 26.04.2022 M/s Tarsem Chand Contractor -Petitioner

Versus

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

Present:

Mr. T.P.S. Makkar, Advocate, for the petitioner.

**** 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 payment of Rs.1,41,600/- for the work done by the petitioner along with interest.

Petitioner is a government contractor and has executed works allocated to it by the different departments and also supplied the material required for such execution of works. Petitioner had already supplied interlocking tiles on the asking of respondents No.3 and 4 and thereafter, those very tiles were used in the execution of work under the Mahatma Gandhi National Rural Employment Guarantee (MG-NREGA). Different bills were issued by the petitioner for the supply of material.

-2There was no complaint against the petitioner in respect of any defect in quality of interlocking tiles supplied by the petitioner. Payment has not been released to the petitioner in respect of bill No.221, however, payment has been released in respect of bill No.212.

Precisely for the claim in question, the petitioner has already approached the respondents by way of filing representation before respondent No.3 on 14.12.2021, but the claim of the petitioner has not been answered so far. 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 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.3 to take note of pending representation dated 14.12.2021 filed by the petitioner and pass appropriate order in accordance with law, preferably within a period of two months 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

-3petitioner 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.

26.04.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No