WPMS/895/2021
2021 Latest Caselaw 1544 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
        ON THE 20TH DAY OF APRIL, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 895 of 2021

BETWEEN:

M/s Jindal Vegetable Products Limited.           ...Petitioner
     (By Mr. Davesh Bishnoi, Advocate)

AND:
State of Uttarakhand and others.             ..Respondents
     (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
     Uttarakhand)


                      JUDGMENT

According to the petitioner, he was granted a contract for civil construction work in the year 2016 and he executed the work to the satisfaction of the concerned authorities.

2. Grievance of the petitioner is that amount due to the petitioner for completing the said work has not been paid to him so far.

3. By means of this writ petition, petitioner has sought following reliefs:

"i) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to make the payment of the petitioner due to him (As shown in Annexure no. 2 to the Writ Petition), as the work entrusted to

the petitioner has been completed under the Contract Bond No. 96/E.E./ 2015-16 dated 20.01.2016.

ii) Issue a writ, order or direction in the nature of mandamus, directing the respondent authorities to pay the interest @ 15% to the petitioner, on the outstanding amount, from the date of completion of work."

4. Learned Additional C.S.C. has raised a preliminary objection that the petitioner is claiming payment for the work executed by him in the year 2016.

5. After arguing for a while, learned counsel for the petitioner confines his prayer and submits that petitioner may be permitted to make representation and the Competent Authority be directed to take decision thereupon.

6. Having regard to the facts & circumstances of the case, the writ petition is disposed of with liberty to petitioner to make representation to Executive Engineer, Irrigation Department (respondent no. 3). If such representation is made within two weeks from today, the Executive Engineer shall look into the matter and take appropriate decision, in accordance with law, within a period of four months from the date of receipt of representation alongwith certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Arpan