IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.14210 of 2009
Date of Decision: 11.09.2009
Ramesh Kumar Verma
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)
Notice of motion.
On asking of the Court, Mr.A.K.Sharma, Additional Advocate
General, Punjab Punjab accepts notice.
Heard.
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, detail of which has been given in
paragraph No. 3 of this writ petition.
It is case of the petitioner that he has successfully executed the
work, as mentioned above. Entries were made in the measurement book,
however, the payment has not been released. Thereafter, the petitioner has
served a legal notice dated 28.9.2008 (P5) 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.14210 of 2009 2
In view of facts mentioned above, this writ petition is disposed
of by issuing directions to respondent No.3 to decide legal notice dated
28.9.2008 (P5) served 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 the petitioner.
Copy of the order be supplied to the State counsel under
signatures of the Court Reader for compliance.
11.09.2009 (Jasbir Singh) gk Judge