Uttarakhand High Court
WPMS/185/2025 on 27 August, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:7602
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPMS No. 185 of 2025
With
WPMS No. 183 of 2025
WPMS No. 184 of 2025
WPMS No. 191 of 2025
Hon'ble Manoj Kumar Tiwari, J
1. Mr. Gaurav Singh, learned counsel
for the petitioners.
2. Mr. Devesh Bishnoi, learned counsel
for the respondent-Nagar Palika Parishad
Manglour.
3. Since common questions of fact and
law are involved in these petitions,
therefore, these petitions are clubbed
together and decided by this common
judgment. However, for the sake of
brevity and convenience, facts of WPMS
No. 185 of 2025 alone are being
considered.
4. Petitioner is a petty contractor, who
is registered with Nagar Palika Parishad
Mangloure, District Haridwar. According
to him, he was awarded contracts for
different civil works, during Financial
Year 2022-23 and petitioner completed
the works to the satisfaction of
concerned Authority.
5. Learned counsel for the petitioner
submits that the Defect Liability Period,
in respect of work done by petitioner,
was only one year and there was no
complaint of any nature in respect of
work done by him, during one year
period.
6. The grievance raised by petitioner is
2025:UHC:7602
that ten percent security deposit made
by petitioner has not been released to
him so far.
7. Learned counsel for Nagar Palika
Parishad, however, submits that security
deposit made by petitioner has been
withheld in view of order passed by
Hon'ble Minister.
8. This Court finds substance in the
submission made by learned counsel for
the petitioner that Minister has no
business to direct a Statutory Authority
to withhold payment of a contractor, who
has completed the work to the
satisfaction of the concerned Authority
and no defect was found in his work
during the Defect Liability Period. Thus,
withholding of security amount deposited
by petitioner does not appear to be
proper.
9. Learned counsel for Nagar Palika
Parishad submits that a PIL has also
been filed by one Mohd. Yaqub alleging
certain financial irregularities by the
Municipal Authorities.
10. Financial irregularities by the
Municipal Authorities cannot be a ground
to withhold the security deposit of a
contractor who has completed the
awarded work to the satisfaction of the
concerned Authority.
11. In such view of the matter, the writ
petitions are disposed of by permitting
the petitioner to make representation(s)
to the Executive Officer of Nagar Palika
Parishad Manglour for releasing his
security deposit, if petitioner(s) makes
representation for the purpose within ten
days from today, Executive Officer shall
2025:UHC:7602
consider his request and take
appropriate decision by passing a
reasoned order, within six weeks from
the date of receipt of such representation
along with certified copy of this order.
(Manoj Kumar Tiwari, J)
27.08.2025
Aswal
NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3,
postalCode=263001, st=UTTARAKHAND,
SINGH ASWAL
serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB
0, cn=NITI RAJ SINGH ASWAL
Date: 2025.08.27 05:11:03 -07'00'
