High Court Punjab-Haryana High Court

Jaswinder Singh Gill vs State Of Punjab And Others on 12 August, 2009

Punjab-Haryana High Court
Jaswinder Singh Gill vs State Of Punjab And Others on 12 August, 2009
                IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                   CHANDIGARH


                                         Civil Writ Petition No.12157 of 2009
                                                Date of Decision: 12.08.2009


Jaswinder Singh Gill
                                                                       Petitioner
                                      Versus

State of Punjab and others

                                                                    Respondents



CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:        Mr.Parminder Singh Sekhon, 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 of raising and linings of Sunam

distributory.

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

work, as mentioned above, however, the payment has not been released to

him. Thereafter, the petitioner has served legal notices both dated 20.7.2009

(P1 and P2) for releasing the payment, which are 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.

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

of by issuing directions to respondent No.5 to decide legal notices served by
Civil Writ Petition No.12157 of 2009 2

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 it 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.

12.08.2009                                   (Jasbir Singh)
gk                                               Judge