Uttarakhand High Court
7 February vs Public Works Department Provincial ... on 17 February, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:1065
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 107 of 2025
17 February, 2025
M/s Kanswal Infra Pvt Ltd
--Petitioner
Versus
Public Works Department Provincial Division & another
--Respondents
With
Writ Petition Misc. Single No. 108 of 2025
M/s Kanswal Infra Pvt Ltd
--Petitioner
Versus
Public Works Department Provincial Division & another
--Respondents
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Presence:-
Mr. Sandeep Kothari, learned counsel for the petitioners.
Mr. D.S. Bora, learned Standing Counsel for the State.
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Hon'ble Pankaj Purohit, J.
Since common questions of law and fact are
involved in both these writ petitions, therefore, they are
heard together and are being decided by a common
judgment. However, for the sake of brevity, facts of
WPMS No.107/2025 alone are being considered and
discussed.
2. Petitioner is a Private Ltd. Company which
entered into some agreement with the respondent-PWD
2025:UHC:1065
in the year 2016 for the construction of school at Jayanti
Kothiyara, Tehsil Rudraprayag, District Rudraprayag.
According to the petitioner, the work was completed, but
when the payment has not been paid by the
respondent/State, petitioner filed the present writ
petition with the following relief:-
"(i) Issue a writ, order or direction in the nature of
mandamus directing the respondents to release the admitted
amount of payment qua the civil construction work carried
for constructing Government Inter College, Paanja District
Rudraprayag amounting to Rs.7,81,721/- and further to
release the security deposit performance security and extra
deposit amounting to Rs.9,73,160/- together with the
interest @ of 18% per annum from the date it became due till
it is actually paid."
3. Learned counsel for the petitioner submitted
that respondents admit the construction as well as claim
raised by the petitioner.
4. The Co-ordinate Bench of this Court vide order
dated 09.01.2025 directed learned State Counsel to seek
instructions in the matter.
5. Today, on instructions, it is submitted by
learned State Counsel that in WPMS No.107/2025, a
sum of Rs.1,22,929/- and in WPMS No.108/2025 a sum
of Rs.4,95,043/- have been sent to the Treasury,
Rudraprayag to be paid to the petitioner.
6. Learned counsel for the petitioners submits
that he accepts the aforesaid amount subject to the fact
that any deduction made by the respondent-State could
be challenged by the petitioner.
7. Accordingly, the writ petitions are disposed of.
2025:UHC:1065
Petitioners may withdraw the amount deposited by the
respondent-State in the Treasury, Rudraprayag in both
the cases. However, it is left open for the petitioners to
agitate the amount, if they feel so, by availing appropriate
remedy.
8. Pending application, if any, stands disposed of.
(Pankaj Purohit, J.)
17.02.2025
AK
