Amit Kumar Bassi vs State Of Punjab And Others
2022 Latest Caselaw 13860 P&H

        IN THE HIGH COURT OF PUNJAB & HARYANA
                    AT CHANDIGARH
120
                                                       CWP-25067-2022
                                             Date of decision: 01.11.2022

AMIT KUMAR BASSI                                              .........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. 14,77,962/- qua the work of Providing & Laying 60 mm thick ISI

marked tiles near H/o Sanjeev Kumar, H/o Mohinder Kaur, Ram Asro

to Kullian Road in Ward No.12 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 Providing & Laying 60 mm thick ISI marked tiles

mentioned above was allotted to the petitioner on 28.09.2020

(Annexure P-1). The aforesaid work has been successfully executed by

the petitioner. However, the amount of Rs. 9,38,717/- qua running bills

and an amount of Rs. 5,39,245/- on account of 3rd & final bill i.e. total

amounting to Rs. 14,77,962/- has not been paid till date to the

petitioner. A number of representations are stated to have been served

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by the petitioner for releasing the due payment. A Legal Notice dated

19.09.2022 (Annexure P-3) also submitted to the Executive Officer,

Municipal Council, Mukerian, District Hoshiarpur for seeking release

of the due payment amounting to Rs. 14,77, 962/-

Reliance is also placed on various precedent judgments

passed by this Court where undisputed payments are 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

admissibility of the claim therein and also the fact that a Legal Notice

dated 19.09.2022 (Annexure P-3) espousing the grievances already

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

appropriate to dispose of the present petition directing the respondent

No.3-Executive Officer, Municipal Council, Mukerian, District

Hoshiarpur to decide the Legal Notice dated 19.09.2022 (Annexure P-

3) 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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