C.W.P NO. 5498 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 5498 OF 2009 DECIDED ON : 15.04.2009 Dalip Kumar Batra ...Petitioner versus State of Punjab and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Sandeep Jasuja, Advocate, for the petitioner. SURYA KANT, J. (ORAL) Notice of motion. Mr. G. S. Attariwala, Additional Advocate General, Punjab, accepts notice on behalf of respondents No. 1 to 4. On the asking of the Court, he accepts notice on behalf of the Municipal Council, Abohar. The petitioner seeks a mandamus directing the respondents to release the payment along with interest for the work executed by him. The petitioner is a 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 C.W.P NO. 5498 OF 2009 -2- authorities. Bill was also prepared and submitted by the petitioner. However, the due payment is not being released to the petitioner, despite service of legal notice dated 28.11.2008 (Annexure P-2) upon the respondents. 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 settle the petitioner's 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. However, nothing shall preclude the State Government from taking disciplinary action, including recovery of the amount, from the Executive Officers of the Municipal Councils concerned in case it is found that either the tenders were not floated or the work was allotted in violation of the Govt. Policy/Instructions. C.W.P NO. 5498 OF 2009 -3- Disposed of. Let a copy of this order be supplied to the learned State counsel. APRIL 15, 2009 (SURYA KANT) shalini JUDGE