M/S Eeshaan Infrastructure v. State Of Haryana And Others

IN THE PUNJAB AND HARYANA HIGH COURT AT

CHANDIGARH Date of Decision: 25.10.2024 M/S EESHAAN INFRASTRUCTURE ... Petitioner

VERSUS

THE STATE OF HARYANA 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.84,78,085/- including security qua the work of construction of road from Jhanda Chowk to Shibu Mal Makhan Dharamshala via Civil Hospital to Bilaspur Road 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 submitted numerous representations including the last one dated 12.09.2024 (Annexure P-3) but the respondents have neither paid the outstanding dues to the petitioner nor have they taken any action upon the said representation. Notice of motion.

Mr. Suneel Ranga, DAG, Haryana accepts notice on behalf of respondents No.1 and 2; and prays for some time to complete instructions and file response, if necessary.

-2Mr. Vivek Saini, Advocate accepts notice on behalf of respondent No.3 and prays for some time to complete instructions and file response, if so advised.

Learned counsel for the petitioner, however, contends that he would be satisfied at this stage, in case respondent No.3- The Municipal Corporation, Yamuna Nagar through its Commissioner, Near Foundation Chowk, Railway Road Yamuna Nagar, Jagadhri is directed to consider and decide the representation dated 12.09.2024 (Annexure P-3) served by the petitioner, by passing a speaking order in a time bound manner. Learned counsel for respondent No.3 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.3 to consider and decide the representation dated 12.09.

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 representation, 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.

-3Welfare 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 25, 2024.

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