Gurwinder Singh Dhillon vs State Of Punjab And Others
2022 Latest Caselaw 13861 P&H

        IN THE HIGH COURT OF PUNJAB & HARYANA
                    AT CHANDIGARH
119
                                                      CWP-25063-2022
                                            Date of decision: 01.11.2022

GURWINDER SINGH DHILLON                                       .........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, 1950 in the nature of Mandamus

for seeking issuance of directions to respondents to release the payment

of 4th & final bill amounting Rs. 20,37,239/- qua the work of providing

Water Supply Scheme for village Gurusar Kaunke, Block Jagraon,

District Ludhiana under PRWSSIP Sub Component 1A/(ii)/JJM

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 water supply scheme to the village

mentioned above was allotted to the petitioner on 24.04.2021

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

the petitioner on 30.03.2022. The payment of 03 running bills has been

released, however, the payment of the 4th & final bill for the amount

referred to above has not been released despite the same being duly

verified and approved by the concerned Sub Divisional Engineer. A

number of representations are stated to have been served by the

1 of 2

petitioner. A representation dated 19.09.2022 submitted to the

Executive Engineer, Water Supply & Sanitation Division No.3,

Ludhiana for seeking release of the payment has been appended

alongwith the petition as Annexure P-3.

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

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

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,

Water Supply and Sanitation Division No.3, Ludhiana to decide the

representation 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

                                   2 of 2