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

CWP-35004-2024

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CWP-35004-2024 Date of decision : February 19, 2025 M/s A.G.Construction Company ....Petitioner

Versus

State of Punjab and others ....Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Prince Goyal, Advocate, for the petitioner Mr. Sahil R. Bakshi, AAG, Punjab KULDEEP TIWARI,J. (ORAL) 1.

Through the instant petition, prayer has been made for issuance of mandamus upon the respondents to release the due payment of 4th running bill amounting to Rs 20,64,719/- (approximately) qua the work of "Renovation of Mata Gujri Government Senior Secondary School at Fatehgarh Sahib" along with interest.

2.

This Court vide order dated 10.1.2025, passed the following orders:- "The main grievance which propelled the present petitioner to approach this Court by casting instant petition under Article 226 of the Constitution of India, is the indolent and lackadaisical approach of the authority concerned, in not deciding his representation (Annexure P-3).

Notice of motion.

Mr.Pardeep Bajaj, DAG, Punjab, accepts notice on behalf of DALBIR SINGH TIWANA 2025.02.24 11:34 I attest the accuracy and authenticity of this order/judgment Chandigarh

CWP-35004-2024 all the respondents, and waives service.

He seeks time to file a response to the instant petition. Adjourned to 18.02.2025.

The competent authority amongst the respondent, is directed to make its all endeavours to take final decision on the representation (Annexure P-3), within a period of 02 weeks from today, and a copy of the decision, so taken, shall be placed on record, positively, on or before the next date of hearing.

In case the compliance of the aforesaid direction is not made, respondent no.4 shall cause his personal appearance before this Court made on the next date of hearing." 3.

In compliance with the directions issued by this Court, a speaking order dated 6.2.2025, has been placed on record. As per the speaking order, an amount of Rs 4.80 lacs has been found admissible by the concerned Executive Engineer. Rather the rest of the amount has been disputed.

4.

In view of the above, this Court deems it fit and appropriate to pass a direction upon the authorities concerned to release the admitted amount. Simultaneously, the petitioner is also extended the liberty to challenge the speaking order, in case, his grievance still exists before the appropriate authority/forum/court.

5.

Disposed of, accordingly.

( KULDEEP TIWARI ) February 19, 2025 JUDGE 'tiwana'

Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No DALBIR SINGH TIWANA 2025.02.24 11:34 I attest the accuracy and authenticity of this order/judgment Chandigarh