Punjab-Haryana High Court
Gulshan Rai vs State Of Punjab And Others on 27 May, 2009
Author: Surya Kant
Bench: Surya Kant
C.W.P NO. 8263 OF 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P NO. 8263 OF 2009
DECIDED ON : 27.05.2009
Gulshan Rai
...Petitioner
versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SURYA KANT
Present : Mr. Sanjay Nagpal, Advocate,
for the petitioner.
SURYA KANT, J. (ORAL)
Notice of motion.
Mr. Palvinder Singh, Senior DAG, Punjab, accepts notice on behalf of the respondents.
The petitioner seeks a mandamus directing the respondents to release the payment along with interest for the work executed by him.
The petitioner is an approved A-class Government Contractor, who is stated to have executed various works assigned to him by the respondents, within the stipulated period and to the satisfaction of the authorities. However, the due payment is not being released to the petitioner, despite service of legal notice dated 30.04.2009 (Annexure P-1) on his behalf. C.W.P NO. 8263 OF 2009 -2-
It 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, this writ petition is disposed of with a direction to the respondents to consider the petitioner's claim as contained in the legal notice dated30.04.2009 (Annexure P-1)and settle his account and whatever is found due, release the same 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 decided in these proceedings and the petitioner would be at liberty to recover the same, if so admissible, as per law.
Disposed of.
MAY 27, 2009 (SURYA KANT) shalini JUDGE