IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P NO. 2139 OF 2009
DECIDED ON : 11.02.2009
Deepak Kumar
...Petitioner
versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SURYA KANT
Present : Mr. R. K. Girdhar, Advocate,
for the petitioner.
SURYA KANT, J. (ORAL)
Notice of motion.
Ms. Monica Chhibber Sharma, Assistant Advocate
General, Punjab, accepts notice.
The petitioner seeks a mandamus directing the
respondents to release the payment along with interest for the
work executed by him.
The petitioner is a A-Class Government Contractor,
who is stated to have executed the work of de-watering of pond,
allotted to him by the respondents, within the stipulated period
and to the satisfaction of the authorities. However, the due
payment is not being released to the petitioner, despite a legal
notice dated 04.11.2008 (Annexure P-1) served upon the
respondents.
C.W.P NO. 2139 OF 2009 -2-
It appears that the petitioner is entitled to be paid
certain dues on account of the work executed by him. The said
payment, however, is not being released for one or the other
administrative reasons.
In these circumstances, I am of the considered view
that whatever amount the petitioner has been found entitled to
by the respondents, there is no justification to withhold the same.
Consequently, this writ petition is disposed of with a
direction to the respondents to settle the petitioner’s account and
whatever is found due, release the same within a period of two
months from the date of receipt of certified copy of this order.
As regards the petitioner’s claim for interest, the same
cannot be effectively decided in these proceedings and the
petitioner would be at liberty to recover the same, if so
admissible, as per law.
Disposed of.
FEBRUARY 11, 2009 (SURYA KANT) shalini JUDGE