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High Court of Punjab and HaryanaCWP/9058/2022disposed of

M/S Star Construction Company v. State Of Punjab And Others

2022-05-04Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 04.05.2022 M/s Star Construction Company -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, order or direction especially in the nature of mandamus directing the respondents to release due amount of third and final bill of Rs.1,52,12,652/- 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 construction of Industrial Training Institute at village Manan Ke, Block Gandiwind, District Tarn Taran was allocated to the petitioner on 08.10.2020. The execution and completion of work was duly reflected in the record of the department in terms of

-2measurement books etc. Payments of first and second running bills have already been released, but the payments of third and final bill have not been released to the petitioner till date. Precisely for the claim in question, the petitioner has already approached the respondents by way of filing representation dated 07.09.2021 before respondent No.6. 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.6 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.

This writ petition is disposed of with a direction to respondent No.6 to take note of representation dated 07.09.2021 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.

-3If 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.

04.05.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No