Kulvir Singh Govt Contractor v. The State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of decision: 16.07.2025 Kulvir Singh Govt. Contractor .... Petitioner Vs.
State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present:
Mr. Rajesh Kumar Girdhar, Advocate, for the petitioners.
Mr. Sahil R. Bakshi, AAG, Punjab.
KULDEEP TIWARI, J (Oral) 1.
Through the instant writ petition, filed under Article 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus upon respondent No.2 to release the due amount of Rs.4,16,098/- qua the work of renovation of existing E-1, in Academic Block, Mohindra Kothi, Mall Road, Patiala.
2.
At the time of issuance of notice of motion, this Court, vide order dated 15.05.2025, passed the following order:-- 1.
The gravamen of the lis, as encapsulated in this writ petition, is centered upon the indolent and lackadaisical approach of the authority(ies) concerned inasmuch as despite repeated requests and lapse of considerable time, neither the payment of the bill(s) has been made to the petitioner, nor any decision has been made on petitioner's legal notice, which is enclosed as Annexures P-5 in this writ petition. 2.
During the course of arguments, the learned counsel for the petitioner fairly submits that, at this stage, the petitioner would be satisfied in case a direction is passed upon the respondent(s) concerned to decide the legal notice (supra) in a time bound manner.
3.
Notice of motion.
4.
Mr. Pardeep Bajaj, D.A.G., Punjab, waives service of notice on behalf of the respondents. He submits that, there is no objection in case a direction is passed upon the respondent(s) concerned to decide the legal notice (supra) in a time bound manner.
5.
Without evincing any opinion as regards the merits of this writ petition, or, as regards the bill(s) being admitted/sanctioned, this Court deems it appropriate to direct the competent authority, amongst the respondents, to make final decision on the legal notice (supra) before the next date of hearing, and, in case any payment is found outstanding, the same shall forthwith be released in favour of the petitioner. Moreover, a copy of the decision so taken, shall be placed on record on the subsequent date of hearing.
6.
It is made clear that, in case of non-compliance of the direction (supra), the competent authority shall cause personal appearance before this Court on the subsequent date of hearing.
7.
List on 16.07.2025, in the urgent list.
8.
It is made clear that, on the subsequent date of hearing, no request for adjournment would be entertained on behalf of either side.
3.
In deference with the order (supra), learned State counsel has placed on record the copy of the order dated 16.7.2025, passed by the Executive Engineer, Provincial Division No.1, PWD (B&R), Patiala, wherethrough, the legal notice served by the petitioner has been answered. A perusal of the above further reflect that the authority concerned has now accepted the claim of the petitioner to the extent of Rs.4,16,098/-. However, it is mentioned that there is a delay in completion of work by the petitioner, and therefore, the petitioner is required to apply for extension of time with the competent authority, and once the extension of time is granted, the payment will be released to the petitioner forthwith.
4.
Faced with the above, learned counsel for the petitioner submits that the instant petition may be disposed of with a liberty to the petitioner to move apt application before the competent authority concerned, for extension of time.
5.
In view of the above, this Court deems it apt to dispose of the instant petition, at this stage, by passing a mandamus upon the authority concerned, that in case, the petitioner files an application for extension of time within 15 days from passing of this order, the same shall be considered, and decided within 30 days thereafter.
6.
Disposed of, accordingly.
(KULDEEP TIWARI) JUDGE 16.07.2025 deepak Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No