The Wander Jattana Co-Operative L And C Society Ltd v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.9081 of 2022 Date of Decision: 02.05.2022 THE WANDER JATTANA CO-OPERATIVE L&C SOCIETY LTD., ......Petitioner Vs THE STATE OF PUNJAB .....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, order or direction especially in the nature of mandamus directing the respondents to release payment of Rs.34,39,737/- qua the work done by the petitioner along with interest.

Learned counsel for the petitioner submits that petitioner is a Co-operative L&C Society and is dealing in the works of construction. On 20.12.2021, the works of Lining of various water courses were allotted to the petitioner vide different work orders.

 The aforesaid allotted works were completed by the petitioner to the entire satisfaction of the supervisory staff/ respondents within the stipulated time, but the payment of Rs.34,39,737/ has not been released so far.

Precisely for the claim in question, the petitioner has already approached the respondents by way of moving a legal notice dated 02.04.2022 before respondent No.3 but the same has not been adhered to so far.

At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case its legal notice is directed to be decided by the respondents by passing a speaking order in accordance with law.

Notice of motion.

On 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.

This writ petition is disposed of with a direction to respondent No.3 to take note of legal notice dated 02.04.2022 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.

(RAJ MOHAN SINGH) May 02, 2022 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No