Dalip Kumar vs State Of Punjab And Others on 6 October, 2009

             IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                               CHANDIGARH


                                      Civil Writ Petition No.15347 of 2009
                                             Date of Decision: 06.10.2009


Dalip Kumar
                                                                   Petitioner
                                   Versus
State of Punjab and others
                                                                Respondents



CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:    Mr.Peeush Gagneja, Advocate for the petitioner

                         .....

Jasbir Singh, J.(Oral)

By filing this writ petition, the petitioner has prayed that

directions be issued to the respondents, to release admitted payment, due to

him towards execution of works, allotted to him, detail of which has been

given in paragraph No.2 of the writ petition.

It is case of the petitioner that he has successfully executed the

works, as mentioned above. Entries were made in the measurement book

and amount due to him was approved by the authorities, however, the

payment has not been released. Thereafter, the petitioner has filed a

representation dated 30.7.2009 (P2) for releasing the payment, which is still

pending undecided.

This Court feels that if there is no defect in the work executed

by the petitioner, the authorities are not justified to detain amount, due to

him.

Civil Writ Petition No.15347 of 2009 2

In view of facts mentioned above, this writ petition is disposed

of by issuing directions to respondent No.4 to decide representation dated

30.7.2009 (P2) filed by the petitioner and if there is no legal hitch, release

admitted payment to the petitioner, within three months from the date of

receipt of a copy of this order, failing which, the petitioner shall be entitled

to get interest @ 8% per annum from the date the amount had become due

to him till its realisation. To the contrary, if the officer concerned wishes to

reject claim of the petitioner, on valid grounds, a speaking order be passed

and a copy thereof be supplied to him.

06.10.2009                                   (Jasbir Singh)
gk                                               Judge