Uttarakhand High Court
WPMS/1188/2021 on 29 June, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 29th DAY OF JUNE, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No.1188 of 2021
BETWEEN:
Raj Kumar .....Petitioner
(Mr. Shakti Singh, Advocate)
AND:
State of Uttarakhand & Others .....Respondents
(Mr. Jagdish Singh Bisht, Standing Counsel for the State of
Uttarakhand/respondent and Mr. Yogesh Pacholia, Advocate for
respondent)
JUDGMENT
Heard learned counsel for the parties
through video conferencing.
2. Petitioner is a contractor duly registered with
Nagar Palika Parishad, Sitarganj. According to him,
he was awarded contract for certain civil
construction work, which he completed, but
payment due for the said work was not made to
him.
3. By means of this writ petition, petitioner has
sought the following relief:-
(i) Issue an order, direction or writ in the nature of
mandamus directing the concerned respondent
authority to release the outstanding dues of the
petitioner with interest with regard to the work done
by petitioner as mentioned in the Annexure No.1 and
2 of the writ petition, keeping in view the facts
highlighted in the body of the writ petition."
4. Mr. Yogesh Pacholia, learned counsel for
Nagar Palika Parishad, Sitarganj was asked to get
instructions. Today, on instructions, he submits
that petitioner has completed the civil construction
work, but payment has not been made to him as
the Junior Engineer, serving in Nagar Palika
Parishad Sitarganj, has been arrested and is under
incarceration. He further submits that in the
absence of measurement of the civil construction
work done by the petitioner; no payment can be
released to him.
5. Mr. Yogesh Pacholia, learned counsel for
Nagar Palika Parishad, Sitarganj further submits
that a request has been made on behalf of Nagar
Palika Parishad, Sitarganj for posting of a Junior
Engineer at Sitarganj, so that civil construction
undertaken by the Nagar Palika Parishad, Sitarganj,
may not be adversely affected.
6. Having regard to the facts and circumstances
of the case, writ petition is disposed of with a
direction to the Director, Urban Development, State
of Uttarakhand-respondent no.2 to make some
alternative arrangement to ensure that services of
a Junior Engineer are provided in Nagar Palika
Parishad, Sitarganj. Such alternative arrangement
shall be made within two weeks from the date of
production of certified copy of this order. Once the
Junior Engineer measures the civil construction
work done by the petitioner, the Competent
Authority shall make necessary calculation
regarding amount payable to the petitioner and the
amount, so calculated, shall be released to the
petitioner as early as possible, but not later than
five months from the date of production of certified
copy of this order.
(MANOJ KUMAR TIWARI, J.)
Rajni
