1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R Smt. Chandra Kanta v. State of Rajasthan & Ors. S.B.CIVIL WRIT PETITION NO.7165/2009 under Articles 226a and 227 of the Constitution of India. Date of Order :: 26th November, 2009 P R E S E N T HON'BLE MR.JUSTICE GOVIND MATHUR Mr. SC Mittal, for the petitioner. Mr. SD Khaspuria, for the respondents. ..... BY THE COURT : The petitioner is sole proprietor of firm “Shree Traders and Constructions” in favour of whom the Executive Engineer, Public Works Department, Division Jhalawar issued 2 work order dated 16.12.1994, regarding construction of Judicial Quarters Second Type at Bhawani Mandi. The work awarded was to be commenced from 31.12.1994 and was to be completed on or before 30.9.1995, but the same was actually completed on 25.8.1996. The total work executed by the petitioner was of Rs.9,04,029/-, however, only the amount of Rs,7,27,441/- was paid, as such the amount of Rs.1,72,988/- was left behind and the petitioner at various levels of the respondent department agitated his cause to get the same released. During this process the Executive Engineer, Public Works Department, Division, Bhawani Mandi by letter dated 28.5.2002 requested the Chief Engineer, Public Works Department to arrange revised administrative and financial sanction to discharge the petitioner's liability. The letter dated 28.5.2002 is worth to be quoted:- “Office of Executive Engineer, P.W.D. Division, Bhawanimandi No.449-51 Date 28-5-02 The Chief Engineer, P.W.D. Rajasthan, Jaipur. Sub. : Revised Administrative & financial sanction for construction of Judicial Quarter IInd Type. 3 Sir, The Administrative & Financial sanction of the work was conveyed by the Govt order no.F.50(16)Sec.II/93 dated 28.07.1994 for Rs.7.50 lakhs. The estimate of the work was technically sanctioned by Executive Engineer P.W.D. Division Jhalawar vide her letter no.168 dated 14.9.94 for Rs.7.00 lakhs. The tender for the above work was invited by the Executive Engineer, P.W.D. Division Jhalawar and was also approved by him in favour of M/s. Shree Traders & Cons. Kota @ 13.49% above BSR' 93 work order aggregating to Rs.6,29,682/-. The work order was issued by the Executive Engineer P.W.D. Division Jhalawar vide letter no.5020-28 dated 16.12.94 amounting to Rs.629682/- in favour of the aforementioned agency with stipulated date of commencement and actual date of completion was 31.12.98. Against this work order amount the contractor has executed the works of r.9.00 lakhs upto 01/97. No expenditure has been incurred from 2001-2002 since execution of the works. Thus the complete expenditure has been done by P.W.D. Division Jhalawar before creation of this Division. The expenditure on this work has been concerned due to additional staircase construction, sand stone flooring in the approach Boundary wall gate, earth filling etc. The upto date total expenditure on this work is Rs.11.40 lakhs (with prorata charges) against Admn. Sanction of Rs.7.50 lakhs. As per seventh running bill which was submitted by the Asstt. Engr. For Rs.242988/- was passed by the Executive Engineer P.W.D. Division Jhalawar for Rs.70,000/- on 25.1.97 and Rs.172988/- was upheld for want of sanction. So 4 now the withheld amount of Rs.172975/- in Final bill has been received in this office. To clear this pending liability of Rs.172975/- revised administrative and financial sanction of Rs.11.40 lakhs is required. It is therefore requested that revised admn. & financial sanction amounting to Rs. May kindly be arranged from the Govt. so that the liabilities could be discharged and final bill passed by 31-3-07 as per orders of Secy. PWD and your goodself. Yours truly, Sign.” It is also pertinent to note that the respondents also not released the security amount of Rs.45,000/- deposited by the petitioner with them at the time of grant of contract in the year 1994. On getting no result regarding release of due amount the petitioner by submitting an application approached to “Kanuni Sewa Clinic”, Bhawani Mandi for redressal of his grievance. Before the “Kanuni Sewa Clinic” a reply was filed by the respondents and that too deserves to be quoted:- "यह Ǒक अूाथȸगण Ʈारा ूाथȸ Ʈारा ूःतुत ूाथ[ना पऽ Ǒदनांक 10.07.2008 का जवाब ूःतुत है- 1.यह Ǒक ूाथ[ना पऽ Ǒदनांक 10.07.2008 के पैरा नàबर 1 मɅ वǔण[त तØय ःवीकार है। Ǒक ÏयूǑडिशयल सैǑकÖड टाइप Èवाटर भवानीमÖडȣ का काय[ Ǒदनांक 25.08.1996 को पूण[ हो गया था। समय वृǒƨ ूकरण एवं संशोिधत ूशासिनक ǒवƣीय ःवीकृित ूाƯ होने पर फाइनल ǒबल का िनःतारण कर 5 Ǒदया जावेगा। 2.यह Ǒक यह भी ःवीकार है Ǒक संवेदक के िसÈयूǐरटȣ Ǒडपोǔजट केǾप मɅ 45000/- Ǿपये पैतालीस हजार Ǿपये के नेशनल सेǒवंग सǑट[Ǒफकेट पी.डÞãयू.डȣ. Ǒडवीजन भवानीमÖडȣ मɅ जमा है। 3.यह Ǒक यह भी ःवीकार है Ǒक समय वृǒƨ ूकरण (सी.डȣ.केस) ूाƯ हो गया है ǔजसे ःवीकृत करने कȧ काय[वाहȣ जारȣ है तथा संशोिधत ूशासिनक ǒवƣीय ःवीकृित ूाƯ होते हȣ फाइनल ǒबल पाǐरत कर Ǒदया जावेगा। 4. यह Ǒक यह तØय भी ःवीकार है Ǒक ूाथȸ का संशोिधत ूाथ[ना पऽ Ǒदनांक 18.03.2008 का है।" The “Kanuni Sewa Clinic” by its order dated 13.4.2009 disposed of the application by specifically stating that the respondents have accepted their liability regarding payment of Rs.1,72,988/-, the due amount and for releasing security amount in a tune of Rs.45,000/-. An advise was given to the petitioner to approach the competent court for redressal of his grievance, thus, she has preferred this petition for writ. It is urged by counsel for the petitioner that the amount due i.e. of Rs.1,72,988/- and of Rs.45,000/- is admitted by the respondents and the same is not paid to him only because of red tapism prevailing with the respondents. It is asserted that the payment of dues is lingering on as no financial and administrative sanction is yet granted. Per contra, as per the respondents the sum of 6 Rs.1,72,988/- is disputed as the work assigned was not completed by the petitioner within the period stipulated and the bill submitted by him are in violation of clause 12-A of the terms and conditions settled. In rejoinder the petitioner came forward with the case that the delay in execution of the work was due to the respondent department and the department itself accepted this position on various occasions and is also apparent from document Anx.6, whereby extension was granted and delay was validated. The petitioner also stated that the excess work was done by him in extra time as that was mutually agreed and, therefore, there is no violation of the terms and conditions referred under clause 12-A of the agreement. Heard counsel for the parties. From perusal of the documents annexed with the writ petition, specially in reply submitted by them before “Kanuni Sewa Clinic”, the letter Anx.4 dated 28.5.2002, and the letter of extension Anx.6, it is apparent that the respondents admitted the dues claimed by the petitioner. The respondents even in their reply have admitted that the security amount has also not been released so far. From perusal of different documents annexed with petition for 7 writ it is apparent that the engineers of the Public Works Department recommended case of the petitioner to the State Government for release of administrative and financial sanction. The Executive Engineer in specific terms stated that there was no delay in execution of work because of the petitioner. In such circumstances it can be safely said that the amount in dispute has been detained by the respondents without having any just reason. It is also pertinent to note that the respondents while contesting the application preferred by the petitioner before “Kanuni Sewa Clinic”, Bhawani Mandi in quite unambiguous terms stated that the issue regarding extension of time has been resolved and the final bill of the petitioner shall be passed immediately after receiving revised, administrative and financial sanction. This assertion clearly establishes that the respondents were convinced and accepted the claim made by the petitioner. It is strange that in spite of it the dues have not been cleared by the respondents so far. In view of the factual position above, I am inclined to accept this petition for writ. Accordingly, the same is allowed. The respondents are directed to make payment of Rs.1,72,988/- and also to release security amount i.e. of Rs.45,000/- to the petitioner within a period of two months from today with interest @ 6.5% per annum. 8 No order to costs. ( GOVIND MATHUR ),J. kkm/ps.