C.W.P NO. 7465 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 7465 OF 2009 DECIDED ON : 18.05.2009 The Batala Mohalla Kapuri Gate Co-op. L & C Society Ltd. ...Petitioner versus State of Punjab and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. O. S. Batalavi, Advocate, for the petitioner. SURYA KANT, J. (ORAL) Notice of motion. Mr. Palvinder Singh, Senior DAG, Punjab, accepts notice on behalf of the respondents No. 1 and 2. At the asking of the Court, Mr. Jaspreet Singh, Advocate accepts notice on behalf of respondent No.3-Municipal Council, Batala. The petitioner-Society seeks a mandamus directing the respondents to release the payment along with interest for the work executed by it. The petitioner-Society is duly registered under the Societies Registration Act, 1860 and is working with the respondent No.3 for the last many years. It is stated to have C.W.P NO. 7465 OF 2009 -2- executed the construction work for sewerage line within the stipulated period and to the satisfaction of the authorities. Bill was also prepared and submitted by the petitioner-Society. However, the due payment is not being released to the petitioner-Society, despite moving representations including dated 08.08.2008 (Annexure P-5). It appears that the petitioner-Society is entitled to be paid certain dues on account of the work executed by it. 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-Society 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 representation dated 08.08.2008 (Annexure P-5) and settle its 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. However, nothing shall preclude the State Government from taking disciplinary action, including recovery of the amount, from the Executive Officer of the respondent-Municipal Council, in case it is found that the tenders were floated or the work was allotted in violation of the Govt. Policy/Instructions. C.W.P NO. 7465 OF 2009 -3- As regards the petitioner's claim for interest, the same cannot be effectively decided in these proceedings and the petitioner-Society would be at liberty to recover the same, if so admissible, as per law. Disposed of. MAY 18, 2009 (SURYA KANT) shalini JUDGE