WPMS/2489/2021
2021 Latest Caselaw 4779 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
     ON THE 26TH DAY OF NOVEMBER, 2021
                           BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 2489 of 2021

BETWEEN:

M/s B.P. Enterprises.                           ..........Petitioner
      (By Mr. Shivanand Bhatt, Advocate)

AND:
State of Uttarakhand & others.                  ....Respondents
      (By Mr. Anil Dabral, Additional Chief Standing Counsel for
      the   State   of   Uttarakhand/respondent      no.   1   and
      Mr. Bhupendra Singh Bisht, Advocate for respondent nos.
      2 to 5)


                         JUDGMENT

Heard learned counsel for the parties.

2. Petitioner is a contractor, who was awarded contract for certain electrical and mechanical works, by Uttarakhand Pey Jal Nigam.

3. Since the payment due to the petitioner for the works completed by him has not been made, therefore, petitioner has approached this Court seeking a direction to respondents for releasing the outstanding dues to the petitioner.

4. Mr. Bhupendra Singh Bisht, learned counsel appearing for Uttarakhand Peyjal Sansadhan

Vikas Evam Nirman Nigam (respondent nos. 2 to 5) submits that petitioner has undertaken electrical and mechanical works, pursuant to the contract awarded to him, however full payment for the works undertaken by him has not been made to him so far, for want of funds. He further submits that request has been made to the State Government for releasing necessary funds and as soon as funds are received, payment due to the petitioner would be made.

5. In view of the statement made on behalf of respondent nos. 2 to 5 that matter has been referred to State Government for release of necessary funds, the Writ Petition is disposed of with liberty to petitioner to make representation to Secretary, Uttarakhand Pay Jal Nigam (respondent no. 1), within three weeks from today. If such representation is made, Secretary, Uttarakhand Pey Jal Nigam (respondent no. 1) shall look into the matter and take appropriate decision, in accordance with law, within eight weeks thereafter.

(MANOJ KUMAR TIWARI, J.) Navin