Civil Writ Petition No. 15778 of 2009 1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Writ Petition No. 15778 of 2009
Date of Decision: 14.10.2009
Pritpal, Contractor
...Petitioner
Versus
State of Punjab and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. P.S. Rana, Advocate
for the petitioner.
Kanwaljit Singh Ahluwalia, J. (Oral)
Petitioner claim that respondent No.4-Sub Divisional Officer,
Jhuneer Canal Sub Division, Jhuneer, District Mansa and respondent
No.5-Sub Divisional Officer, Bhaini Canal Sub Division Jawaharke,
District Mansa, had issued a work orders 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
Civil Writ Petition No. 15778 of 2009 2
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 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
October 14, 2009
“DK”