Gursharan Singh Contractor v. State Of Punjab And ORS

IN THE PUNJAB AND HARYANA HIGH COURT AT

CHANDIGARH Date of Decision: 21.10.2024 GURSHARAN SINGH CONTRACTOR ... Petitioner

VERSUS

THE STATE OF PUNJAB AND OTHERS ... Respondents CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ. ****

Present:

Mr. R.K. Girdhar, Advocate for the petitioner. **** VINOD S. BHARDWAJ, J. (ORAL) Prayer in the present petition is for directing the respondents to make the payment of Rs.3,40,748/- including security qua the works of providing/augmentation of Water Supply Schemes executed by the petitioner, alongwith interest @ 12% per annum.

After arguing at some length, learned counsel for the petitioner submits that with regard to his grievance, the petitioner has got served a legal notice dated 23.09.2024 (Annexure P-3) but the respondents have neither paid the outstanding dues to the petitioner nor have they taken any action upon the said legal notice.

Notice of motion.

-2Ms. Akshita Chauhan, DAG, Punjab accepts notice on behalf of the respondents and prays for some time to complete instructions and file response, if necessary.

Learned counsel for the petitioner, however, contends that he would be satisfied at this stage, in case respondent No.6- The Executive Engineer, Water Supply & Sanitation Division No.2, Patiala is directed to consider and decide the legal notice dated 23.09.2024 (Annexure P-3) served by the petitioner, by passing a speaking order in a time bound manner. Learned State Counsel has no serious objection to the request made by learned counsel for the petitioner.

Accordingly, in view of the above; with the consent of the parties and without commenting anything on the merits of the case, the present petition is disposed of while directing respondent No.6 to consider and decide the legal notice dated 23.09.2024 (Annexure P-3) by passing a reasoned and speaking order after affording an opportunity of hearing to the respective parties within a period of three months of the receipt of certified copy of this order.

Needless to mention that upon considering the said legal notice, if any amount is found due and payable to the petitioner, the same shall be disbursed in favour of the petitioner within a further period of three months. In the event of non-payment of dues within the abovesaid period, the same shall be released along with interest @ 6% per annum from the date of filing of present petition to be paid to the petitioner and further subject to additional payment of costs of Rs.50,000/- to be deposited with the Poor

-3Patient Welfare Fund (PPWF) of Post Graduate Institute of Medical Education & Research, Chandigarh. The said additional financial liability of accrued interest and costs shall be subject to recovery from the erring official. Petition stands disposed of accordingly.

(VINOD S. BHARDWAJ) OCTOBER 21, 2024.

JUDGE rajender Whether speaking/reasoned : Yes/No Whether reportable : Yes/No