Punjab-Haryana High Court
Kala Bala Co-Operative L And C Society ... vs State Of Punjab And Others on 20 April, 2023
Neutral Citation No:=2023:PHHC:055955
2023:PHHC:055955
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
114
CWP-6564-2023 (O&M)
Date of decision: 20.04.2023
KALA BALA CO-OPERATIVE L AND C SOCIETY
GURDASPUR .......Petitioner
VERSUS
STATE OF PUNJAB AND OTHERS .......Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
*****
Present:- Mr.S.K. Chaudhary, Advocate
for the petitioner.
Mr. Saurav Verma, Addl. A.G. Punjab
for the respondents
*****
VINOD S. BHARDWAJ, J. (Oral)
CM-6088-CWP-2023 The present application has been filed under Section 151 of the Code of Civil Procedure, 1908 for placing on record Annexure P-4 and P-8.
Application is allowed as prayed for and Annexure P-4 and P-8 is taken on record.
CWP-6564-2023 The instant petition has been filed under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus directing the respondents to release the amount of Rs. 4.05 lakhs qua the works executed by the petitioner alongwith interest @ 18% per annum.
1 of 3 ::: Downloaded on - 22-04-2023 08:03:44 ::: Neutral Citation No:=2023:PHHC:055955 2023:PHHC:055955 CWP-6564-2023 (O&M) -2- Learned counsel appearing on behalf of the petitioner contends that the petitioner was allotted various works i.e. Construction of Helipad in the Government School Gurdaspur and providing barricades, fencing wires for the sake of security and management of the public during the election and white wash and samosam of the premises and building of Government college, Gurdaspur. The petitioner successfully completed the aforesaid work within stipulated time period. However, an amount of Rs. 4.05/- has not been released by the respondent-department to the petitioner.
It is contended that various representations have been served by the petitioner including Legal Notice dated 22.08.2022 to the respondent- authorities for release of due amount.
Learned counsel appearing on behalf of the petitioner contends that he would be satisfied at this juncture in case the respondent No.5- Executive Engineer, Sub Division No.1, Public Works Deparment (Bhatom Branch) is directed to look into the Legal Notice dated 22.08.2022 and to pass a reasoned and speaking order thereupon in a time bound manner.
Notice of motion.
Mr. Saurav Verma, Addl. A.G. Punjab appears and accepts notice on behalf of respondents and has no objection to the aforesaid prayer being allowed.
Accordingly, the present petition is disposed of with consent and without commenting on the merits of the claim, with a direction to respondent No.5-Executive Engineer, Sub Division No.1, Public Works Deparment (Bhatom Branch) to examine the grievance espoused by the 2 of 3 ::: Downloaded on - 22-04-2023 08:03:44 ::: Neutral Citation No:=2023:PHHC:055955 2023:PHHC:055955 CWP-6564-2023 (O&M) -3- petitioner in the Legal Notice dated 22.08.2022 and to pass a reasoned and speaking order thereupon within a period of 03 months of the receipt of certified copy of this order after affording an opportunity of hearing to the respective parties.
Needless to mention that in the event any amount is found payable, the same shall be released forthwith and preferably within a period of 03 months of such a decision being taken by the respondent-authorities.
The petition is accordingly disposed of.
(VINOD S. BHARDWAJ)
APRIL 20, 2023 JUDGE
Vishal Sharma
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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