Lachhman Dass vs The State Of Punjab And Others on 11 August, 2009

             IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                CHANDIGARH


                                       Civil Writ Petition No.12016 of 2009
                                              Date of Decision: 11.08.2009



Lachhman Dass
                                                                     Petitioner
                                    Versus
The State of Punjab and others
                                                                  Respondents



CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:     Mr.P.S.Rana, 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 vide Work Order Nos.025, 027

and 029 all dated 10.2.2009.

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

work, 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 to him, on account of paucity of funds.

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. Paucity of funds is no ground to deny the admitted payment.

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

of by issuing directions to the respondents to release admitted payment to

the petitioner, if there is no legal hitch, within three months from the date of
Civil Writ Petition No.12016 of 2009 2

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 respondents wish to reject claim of

the petitioner, on valid grounds, a speaking order be passed and a copy

thereof be supplied to him.

11.08.2009                                     (Jasbir Singh)
gk                                                 Judge