IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P NO. 2703 OF 2009
DECIDED ON : 19.02.2009
Sandeep Kumar
...Petitioner
versus
State of Punjab and another
...Respondents
CORAM : HON'BLE MR. JUSTICE SURYA KANT
Present : Mr. P. S. Sekhon, Advocate,
for the petitioner.
SURYA KANT, J. (ORAL)
Notice of motion.
Mr. G. S. Attariwala, Additional AG, Punjab accepts
notice.
Having regard to the nature of order which I propose
to pass, learned State counsel submits that there is no need to
file any counter affidavit.
The petitioner is a government contractor, who is
stated to have executed various works like supply of material,
allotted to him by the respondents from time to time. The above
said work was completed within the stipulated period and to the
satisfaction of the authorities. The said amount has not been
released to the petitioner, despite service of legal notice dated
29.08.2008 (Annexure P-1), upon the respondents.
C.W.P NO. 2703 OF 2009 -2-
It, thus, appears that the petitioner is entitled to be
paid certain dues on account of the work executed by him. The
said payment, however, is not being released for one or the other
administrative reasons.
In these circumstances, I am of the considered view
that whatever amount the petitioner has been found entitled to
by the respondents, there is no justification to withhold the same.
Consequently, the Civil Writ Petition is disposed of with
a direction to the respondents to settle the petitioner’s account
and whatever is found due, to release the same to him within a
period of two months from the date of receipt of certified copy of
this order.
As regards the petitioner’s claim for interest,
the same cannot be effectively adjudicated upon in these
proceedings and the petitioner would be at liberty to recover the
same, if so admissible, as per law.
Disposed of.
FEBRUARY 19, 2009 (SURYA KANT) shalini JUDGE