IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.18792 of 2009
Date of decision: 8th December, 2009
Jaskaran Singh
... Petitioner
Versus
State of Punjab and others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. R.K. Girdhar, Advocate for the petitioner.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Petitioner claims that respondents had issued a work order
and in pursuance of that he had executed the work to the satisfaction of
the respondents but due to acute shortage of funds, payment has not
been made to the petitioner. Counsel for the petitioner has submitted that
neither there is any defect in the work executed nor any legal impediment
in the release of funds.
Issue notice of motion.
On the asking of the Court, Mr. Anil Kumar Sharma,
Additional Advocate General, Punjab, accepts notice on behalf of the
respondents. Copy of the petition has been supplied to him.
The present writ petition is disposed of by issuing directions to
the respondents to release admitted payment to the petitioner, if there is
no legal impediment, within three months from the date of receipt of copy
of the order, failing which the petitioner shall be entitled to interest on the
amount due at the rate of 8% per annum. The interest shall be calculated
from the date of amount due till the final payment is made. In case
Civil Writ Petition No.18792 of 2009 2
respondents find that the petitioner is not entitled to the payment, they
may pass a speaking order detailing the grounds on which the petitioner is
not entitled to the payment.
With the observations made above, the present petition is
disposed of.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
December 8, 2009
rps