WPMS/2326/2021
2021 Latest Caselaw 4489 UK

     IN THE HIGH COURT OF UTTARAKHAND
                            AT NAINITAL
           ON THE 10TH DAY OF NOVEMBER, 2021
                                  BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

             Writ Petition (M/S) No. 2326 of 2021

 BETWEEN:
         Vijendra Singh Mehta.                           .....Petitioner
         (By Ms. Geeta Parihar, Advocate, holding brief of Mr. Akhil Kumar Sah,
         Advocate)


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



                               JUDGMENT

Heard learned counsel for the parties.

2. According to the petitioner, he was awarded contract for patchwork on the State Highways by Executive Engineer, Construction Division, Public Works Department, A.D.B., Pithoragarh.

3. Grievance of the petitioner is that despite completion of the work to the satisfaction of concerned authorities, payment due to him has not been released.

4. Learned counsel appearing for the petitioner has referred to the correspondence made between different authorities of Public Works Department, which indicates that the authorities are shifting liability to each other.

5. Without entering into merits of the claim made by the petitioner, this Court thinks that ends of

justice would be met, if petitioner is permitted to make fresh representation to the Competent Authority, although he has already made representation dated 21.10.2020 (Annexure-8 to the writ petition) to the State Government.

6. Accordingly, the writ petition is disposed of with liberty to petitioner to make fresh representation to Executive Engineer of the concerned division within two weeks from today. If such representation is made within stipulated time, Executive Engineer concerned shall look into the matter and take appropriate decision, in accordance with law, within four months from the date of receipt of representation alongwith certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Navin