Punjab-Haryana High Court
Pranjal Kumar vs State Of Haryana And Other on 26 March, 2025
Neutral Citation No:=2025:PHHC:041739
CWP-3927--2025 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(286) CWP-3927-2025
Date of Decision : 26.03.2025
Pranjal Kumar ...Petitioner
Versus
State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. D.K. Tuteja, Advocate
for the petitioner.
Mr. Pankaj Mulwani, DAG, Haryana.
****
KULDEEP TIWARI,
TIWARI J.(ORAL)
1. Through the instant writ petition, cast under Article 226 of the
Constitution of India, a prayer is made for issuance of a mandamus, upon the
respondents, to release the amount of various job works undertaken by the
petitioner on the direction of the respondent/depart
respondent/department,
ment, which were
completed to the satisfaction of the respondent concerned
concerned,, and the bill raised
by the petitioner was never disputed.
2. Learned counsel for the petitioner submits that despite various
representations and reminders, the petty bill
bills amount, around 97 in numbers,
was never paid. It was submitted that not even a single penny has been paid to
the petitioner till date.
3. At the time of issuance of notice of motion in the instant petition,
vide order dated 13.02.2025, this Court, had passed tthe
he hereinafter extracted
order upon the instant writ petition :-
:
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Neutral Citation No:=2025:PHHC:041739
"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 respondents
authority concerned, in not deciding his legal notice dated
04.12.2024 (Annexure P--99).
Notice of motion.
Mr. Bhupender Singh, DAG, Haryana, accepts notice on
behalf of all the respondents, and waives service.
Adjourned to 26.03.2025.
The competent authority amongst the respondents, i.e.
respondent no.3, is directed to make its all endeavours to
take final decision on the legal notice dated 04.12.2024
(Annexure P-99),
99), within a period of 15 days from today, by
passing
assing a speaking order, 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.3, shall cause his personal
appearancee before this Court made on the next date of
hearing."
4. In deference to the directions (supra), issued by this Court, the
compliance report dated 17.03.2025, by way of affidavit of Mr. Balvinder
Nain, Executive Engineer, PHE, Division No.3, Rohtak
Rohtak,, respondent No.4, has
been filed on behalf of the respondents No.1 to 7, which is attached with the
case file.
5. The compliance report (supra), voice about passing of an office
order dated 06.03.2025 (Annexure R-1),
R , which speaks that the bill raised by
b
the petitioner has been processed, and special LOC of Rs.41.50 lacs, for
making payment to the petitioner vide letter dated 06.03.2025, has been
demanded by the office concerned, and the payment will be made within a
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Neutral Citation No:=2025:PHHC:041739
period of eight months. The relevant extract of the office order (supra), is
extracted hereinafter :-
:
"Whereas, the petitioner namely Sh. Pranjal Kumar, has
filed CWP No. 3927 of 2025 before the Hon'ble High
Court with the prayer that the representation
(Annexure-P.
P. 99) has not been de
decided
cided by the authority
concerned.
Whereas, the above said Civil Writ Petition came up for
hearing on 13.02.2025 and the Hon'ble High Court has
passed the Interim directions vide order dated 13.02.2025,
to the respondents and adjourned the case for 26.03.20
26.03.2025.
Operative part of this order is reproduced as under:
under:-
5. "The Competent Authority amongst the respondents is
directed to make endeavor to take a final decision on the
representation (Annexure
(Annexure-P-99),
99), within a period of 02
weeks from today, and, a copy ooff the decision so taken,
shall be placed on record positively on or before the next
date of hearing.
6. In case, compliance of the aforesaid direction is not
made, the respondent no. 2 shall cause his personal
appearance before this court on the next date of hearing."
In view of the above and in compliance of Interim
directions dated 13.02.2025 given by this Hon'ble Court,
claim of the petitioner projected in the representation
(Annexure-P-99)
99) has been considered at length and is
hereby accepted and the pay
payment
ment of bill submitted by the
petitioner could not be made due to the paucity of funds. It
is submitted that a special LOC of Rs.41.50 Lacs for
making payment to the petitioner vide letter no: 1014
1014--15
dated 06-03-2025
2025 has been demanded by this office and
the
he payment will be made within a period of Eight months.
Ordered accordingly."
6. Learned counsel for the petitioner though has shown his
satisfaction, with regard to the steps taken by the department concerned,
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Neutral Citation No:=2025:PHHC:041739
however, he raised his only grievance with regard to the time period as sought
by the respondents, to release the amount.
amount
7. This Court, is also in consonance with the prayer made by the
learned counsel for the petitioner, as the work was executed by the petitioner,
way back in the year 2022, and admittedly, not even a single penny has been
paid to the petitioner,
petitioner, therefore, the authorities concerned, is directed to make
the payment to the petitioner, as recorded in the office order (supra), within a
period of four months,
months from the date of receipt of certified copy of this
order/judgment.
8. Consequently, the instant writ petition is disposed of.
(KULDEEP TIWARI)
JUDGE
March 26, 2025
Manpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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