Ashok Kumar Contractor vs State Of Punjab And Others
2022 Latest Caselaw 13859 P&H

        IN THE HIGH COURT OF PUNJAB & HARYANA
                    AT CHANDIGARH
125
                                                      CWP-25116-2022
                                            Date of decision: 01.11.2022

ASHOK KUMAR CONTRACTOR                                        .........Petitioner

                                VERSUS


STATE OF PUNJAB AND OTHERS                                  ........Respondents


CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

                             *****
Present:-    None.
                             *****

VINOD S. BHARDWAJ, J. (Oral)

The present petition has been instituted under Articles

226/227 of the Constitution of India for seeking issuance of directions

in the nature of Mandamus to respondents to release the due payment of

Rs. 1,13,18,493/- qua the works of Relining of Sirhind Feeder from RD

428000 to 431000 (Slice RD 429500 to 431000) and RD 431000 to

434000 (Slice RD 431000 to 432500) executed by the petitioner

alongwith interest @ 12% p.a.

Local Bar Association is abstaining from work today.

Briefly summarized, the claim of the petitioner is that the

aforesaid work of Relining of Sirhind Feeder from RD 428000 to

431000 (Slice RD 429500 to 431000) and RD 431000 to 434000 (Slice

RD 431000 to 432500) mentioned above was allotted to the petitioner

on 04.10.2019. The aforesaid work has been successfully executed by

the petitioner. However, due payment of Rs. 1,13,18,493/- has not been

paid till date to the petitioner. A number of representations are stated to

have been served by the petitioner for releasing the due payment. A

1 of 2

representation dated 15.06.2022 (Annexure P-4) submitted to the

Executive Engineer, Abhohar Canal Division, Abohar for seeking

release of the due payment amounting to Rs. 1,13,18,493/-.

Reliance is also placed on various precedent judgments

passed by this Court where undisputed payments have not been

released to the contractors.

Taking into consideration the totality of the circumstances

noticed above and without commenting on the merits of the case or the

admissibility of the claim therein and also the fact that a representation

dated 15.06.2022 (Annexure P-4) espousing the grievances has already

been submitted by the petitioner to the respondent authorities, it is

deemed appropriate to dispose of the present petition directing the

respondent No.4-Executive Engineer, Abhohar Canal Division, Abohar

to decide the representation dated 15.06.2022 (Annexure P-4) within a

period of 03 months of receipt of certified copy of this order after

granting an opportunity of hearing to the respective parties.

In the event, any such amount is found due by the

respondent authorities upon consideration of the respective claims, such

undisputed amount shall be released to the petitioner forthwith and

preferably within a period of 03 months thereafter.

Petition is disposed of accordingly.

                                             (VINOD S. BHARDWAJ)
                                                  JUDGE
NOVEMBER 01, 2022
Vishal sharma
                     Whether speaking/reasoned         :      Yes/No
                     Whether reportable                :      Yes/No



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