High Court of Punjab and HaryanaCWP/25511/2021disposed of

Gaurav v. State Of Haryana And Others

2021-12-15Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 15.12.2021 Gaurav -Petitioner

Versus

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

Present:

Ms. Gurjot Kaur Sandhu, Advocate, for Mr. Varun Gupta, Advocate, for the petitioner.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner has preferred this petition under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction especially in the nature of mandamus directing the respondents to release the amount for the work done by the deceased father of the petitioner. Father of the petitioner was an enlisted contractor of the respondents for more than 08 years and his enlistment was valid upto 31.03.2022. Father of the petitioner died on 02.05.2021. He had already done lot of work as contractor during his tenure as enlisted contractor of the respondents.

-2Payment for the work done is still pending with the respondents and the same has not been answered despite repeated representations given by the petitioner. One of such representations is dated 17.06.2021 (Annexure P-3). Petitioner has also sent a demand notice/legal notice on 09.08.2021.

Notice of motion.

On the asking of the Court, Mr. Ashish Yadav, Addl. A.G., Haryana 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 petition is disposed of with a direction to respondent No.4 to take an appropriate decision on pending representations/legal notice dated 09.08.2021 filed by the petitioner and decide the same in accordance with law preferably within a period of one month from the date of receipt of certified copy of this order.

If respondent No.4 ultimately comes to the conclusion that the petitioner is entitled for the amount in question, the same be paid forthwith within a further period of one month. In case, the amount in question is not paid within the aforesaid

-3period of one month, thereafter, the petitioner shall be entitled to interest @ 6% per annum for the delayed payment thereafter till final realization of the amount.

15.12.2021 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No