WPMS/1374/2021
2021 Latest Caselaw 2578 UK

 IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
           ON THE 23RD DAY OF JULY, 2021
                               BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

          Writ Petition (M/S) No. 1374 of 2021


BETWEEN:
       Sahzad Ali.                                    ....Petitioner
       (By Mr. Bilal Ahmed, Advocate)


AND:
       State of Uttarakhand & others.....Respondents
        (By Mr. Rakesh Kunwar, Addl. C.S.C. for the State of Uttarakhand)



                               JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. According to the petitioner, he was awarded three different contracts for civil construction work by the Minor Irrigation Department. His grievance is that despite completion of the work to the satisfaction of the concerned authorities, the payment due to him has not been released.

3. By means of this writ petition, petitioner has sought the following relief:-

"1) To issue a writ order or direction in the nature of Mandamus directing the respondents to make the payment of bills submitted by petitioner in lieu of work completed by petitioner under (1) Agreement No. 08/EEMIHDR/Accer Khurd 1 (2) Agreement No. 09/EEMIHDR/Accer Khurd 11 (3) Agreement No. 10/EEMIHDR/ Accer Khurd 111 along with reasonable interest to the petitioner as

he has completed both the works within stipulated time as mentioned in the agreement."

4. Having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to the petitioner to make separate representation(s) for each of the three works, alleged to have been completed by the petitioner. If petitioner makes such representation(s) to Executive Engineer, Minor Irrigation Division, Haridwar, then the decision thereupon shall be taken within six months from the date of receipt of representation along with certified copy of this order.

5. Before taking decision, Executive Engineer shall call a report from the concerned Sub Division.

(MANOJ KUMAR TIWARI, J.) Navin