Shishpal Chander vs The State Of Punjab And Others on 1 September, 2009

             IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                               CHANDIGARH


                                      Civil Writ Petition No.13486 of 2009
                                             Date of Decision: 01.09.2009


Shishpal Chander
                                                                   Petitioner
                                   Versus
The State of Punjab and others
                                                                Respondents



CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:    Mr.Rajesh Kumar Girdhar, Advocate for the petitioner

                         .....

Jasbir Singh, J.(Oral)

Notice of motion.

On asking of the Court, Mr.A.K.Sharma, Additional Advocate

General, 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 work, allotted to him, detail of which has been

given in paragraph No.2 of the 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 and

amount due to him was approved by the authorities, however, the payment

has not been released on account of paucity of funds. Thereafter, the

petitioner has sent a representation dated 21.7.2009 (P3) for releasing the

payment, which is still pending undecided.

Civil Writ Petition No.13486 of 2009 2

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 respondent No.3 to decide representation of 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 him.

Copy of the order be supplied to the State counsel under

signatures of the Court Reader for compliance.

01.09.2009                                   (Jasbir Singh)
gk                                               Judge