Punjab-Haryana High Court
Kewal Krishan vs The State Of Punjab And Others on 12 December, 2024
Neutral Citation No:=2024:PHHC:166452
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
117 CWP-33479-2024
Date of Decision: 12.12.2024
KEWAL KRISHAN ..... Petitioner
VERSUS
THE STATE OF PUNJAB AND OTHERS .... Respondents
CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
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Present: Mr. R.K. Girdhar, Advocate
for the petitioner.
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VINOD S. BHARDWAJ, J. (ORAL)
The instant petition has been instituted under Articles 226/227 of the Constitution of India, 1950 seeking issuance of a writ in the nature of Mandamus us directing the respondents to refund the security amount of Rs.29,39,305/ qua the works executed by the petitioner, alongwith interest Rs.29,39,305/-
@ 12% per annum.
Learned counsel for the petitioner contends that the petitioner had executed various works assigned to him from time to time and there has never been any complaint against the works executed by the petitioner. During the year 2023, certain works were allot allotted ted to the petitioner vide different agreements. The petitioner has completed these works upto 30.04.2023 but the security deducted from the bills and recovery amount has not ot been released till date. The details of the works and the security amount 1 of 3 ::: Downloaded on - 15-12-2024 01:54:03 ::: Neutral Citation No:=2024:PHHC:166452 CWP-33479-2024 2024 -2- etc. payable to the petitioner are mentioned in Para No.2 of the petition. The petitioner approached the respondents for a number of times, but nothing fruitful could be fetched. Thereafter, the petitioner submitted numerous representations to the respondents nts but no response has been received by the petitioner. Lastly, Lastly a Legal Notice dated 11.11 11.2024 (Annexure P-4) has been served by the petitioner upon respondent No.4 No.4-the the Executive Engineer, Bathinda Canal Division, Bathinda to release the aforesaid amount but till date due amount has not been released to the petitioner petitioner.
Notice of motion.
Mr. Raghav Garg, Asstt. A.G. Punjab appears and accepts notice tice on behalf of respondents.
Learned counsel for the petitioner, however, submits that at this juncture, he would be satisfied if respondent No.4-the the Executive Engineer, Bathinda Canal Division, Bathinda iss directed to consider and decide the Legal Notice dated 11.11.2024 (Annexure P-44) in a time bound manner.
Learned counsel for the respondents does not oppose the prayer made by learned counsel for the petitioner.
Accordingly, in view of the above above, with the consent of the parties and without commenting anything on the merits of the case, the present petition is disposed of while directing respondent No.4-the the Executive Engineer, Bathinda Canal Division, Bathinda to consider and decide the Legal Notice dated 11.11.2024 (Annexure P P-4) by passing a reasoned and speaking order after affording an opportunity of hearing to the respective 2 of 3 ::: Downloaded on - 15-12-2024 01:54:04 ::: Neutral Citation No:=2024:PHHC:166452 CWP-33479-2024 2024 -3- parties within a period of three months from the date of receipt of certified copy of this order.
Needless to mention that upon considering the said Legal Notice,, if any amount is found due and payable to the petitioner, the same shall be disbursed in his favour within a further period of three months months.
In the event of non-payment non payment of dues within the abovesaid period, the same shall be released along with interest @ 6% per annum from the date of filing of present petition to be paid to the petitioner and further subject to additional payment of costs of Rs.50,000/ Rs.50,000/- to be deposited with the Poor Patient Welfare Fund (PPWF) of Post Graduate Institute of Medical Education & Research, Chandigarh.
Chandigarh The said additional financial liability of accrued interest and costs shall be subject to recovery from the erring official.
Petition stands disposed of accordingly.
(VINOD VINOD S. BHARDWAJ) DECEMBER 12, 12 2024 JUDGE Vishal sharma Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 3 of 3 ::: Downloaded on - 15-12-2024 01:54:04 :::