WPMS/470/2021
2021 Latest Caselaw 566 UK

     IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
          ON THE 1ST DAY OF MARCH, 2021
                         BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       WRIT PETITION (M/S) No. 470 of 2021


 BETWEEN:

 Rajendra Singh Chauhan.                        ....Petitioner
       (By Mr. Arvind Kumar Sharma, Advocate)


 AND:

 State of Uttarakhand and others.           ...Respondents
       (By Mr. Rakesh Kunwar, Additional C.S.C. for the State
       of Uttarakhand)


                       JUDGMENT

Petitioner is a Contractor. According to him, he completed the work, for which contract was given to him, to the satisfaction of the concerned authorities, however, the security amount, deposited by him, has not been released so far.

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

"(i) Issue a writ, order or direction in the nature of mandamus to directing the respondent authorities to release the payment of security money of Rs. 1,28,900.00 which has been deposited by the petitioner in the Department of Executive Engineer, Construction Division, Public Works Department Barkot, District Uttarkashi and Executive Engineer, Construction Division, Public Works Department Chiniyali Shaur, District Uttarkashi.

(ii) Issue a writ, order or direction in the nature of mandamus to directing the respondents authorities to release the payment of security money of Rs. 1,28,900.00 of the petitioner with 18% interest."

3. The breakup of the amount deposited by the petitioner, as security, has been indicated in paragraph no. 9 of the writ petition.

4. Having regard to the facts of the case, the writ petition is disposed of with liberty to petitioner to make representation to Superintending Engineer, 6th Circle, Public Works Department, District Uttarkashi (respondent no.2), within two weeks from today. If such representation is made within the stipulated period, the Superintending Engineer shall look into petitioner's request and take appropriate decision thereupon, 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