Uttarakhand High Court
WPMB/143/2023 on 4 July, 2023
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGES'S ORDERS
No
and Registrar's
order with
Signatures
04.07.2023 WPMB No. 143 of 2023
Sri Vipin Sanghi, C.J.
Sri Rakesh Thapliyal, J.
1. Mr. Sagar Kothari, learned counsel for the petitioner.
2. Mr. J.C. Pande, learned Standing Counsel for the State- respondents.
3. Issue notice.
4. Learned Standing Counsel for the State of Uttarakhand, appears and accepts notice on behalf of the respondents.
5. The petitioner has preferred the present Writ Petition to seek a direction to the respondents to make payment of Rs. 2,23,426/-, along with interest @ 9% p.a. from the date of completion of work done by the petitioner, in pursuance of the contract executed between the petitioner and respondent no. 2.
6. The case of the petitioner is that the petitioner contractor had performed the work specified as "FDR (N) 2016-17, Construction work of damaged wall in km 67 ha m (4-6) of N.H. No. 107A". The petitioner claims that the work was successfully completed to the satisfaction of the respondents. In pursuance of the contract executed between the parties, the work was commenced on 30.07.2016, and completed on 20.08.2016.
7. The petitioner claims that the respondents have not made payments of the dues under the contract, for which the petitioner had addressed various communications to the respondents. The petitioner also raised a query under the Right to Information Act, which was responded by the respondents on 15.02.2023. In response to Point No. 4, the stand taken by the respondents is that due to non-allocation of funds, they have not been able to make payment to the petitioner, and payment will be made on priority, as soon as the amount is received. A demand has been made to the higher officials for the funds.
8. Normally, we would have not entertained a Writ Petition of the nature filed by the petitioner. However, from the response received by the petitioner to the queries raised under the Right to Information Act, it appears that the respondents are not disputing the amounts claimed by the petitioner, and the only reason cited is non-availability of funds. If, that is the only reason for non-payment of the amounts due to the petitioner under the contract, the same is not justified. The State cannot be heard to say that it would withhold the payment of a contractor due to non-availability of funds.
9. We, accordingly, dispose of the present Writ Petition, with a direction to the respondents to examine the grievance of the petitioner. In case there is no reason to withhold the payment of the petitioner under the contract aforesaid, the same should be released positively within the next four weeks. We, however, make it clear that we have not examined the petitioner's claim on merits and before releasing any amount, the respondents shall verify the genuineness of the claim.
10. In case the amount due is not paid within four weeks, without any justification, the petitioner would be entitled to interest @ 7% p.a. for the period after four weeks from today.
11. The Writ Petition stands disposed of in the aforesaid terms.
12. Consequently, pending application(s), if any, also stand disposed of accordingly.
(Rakesh Thapliyal, J.) (Vipin Sanghi, C.J.) 04.07.2023 04.07.2023 NISHANT