Vijay Kumar Garg v. State of Punjab & Ors.

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.P.S.Rana, Advocate for the petitioner ….. Jasbir Singh, J.(Oral) 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 vide Work order Nos.2 and 3 both dated 28.2.2009. It is case of the petitioner that it 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 was not released, on account of paucity of the funds. 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 the respondents to release admitted payment to the petitioner, if there is no legal hitch, within two months from the date of Civil Writ Petition No.11928 of 2009 2 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 respondents wish to reject claim of the petitioner, on valid grounds, a speaking order be passed and a copy thereof be supplied to the petitioner.

10.08.2009 (Jasbir Singh) Judge