C.W.P NO. 5117 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 5117 OF 2009 DECIDED ON : 31.03.2009 The Adarsh Co-op. L & C Society Ltd. ...Petitioner versus The Chief Engineer and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Sudhir Paruthi, Advocate, for the petitioner. SURYA KANT, J. (ORAL) Notice of motion. Mr. G. S. Attariwala, Additional Advocate General, Punjab, accepts notice on behalf of the respondents. 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 an approved Government Contractor, who is stated to have executed the work for repair of 1 number stud at RD 205700 of IR Bandh along with river Satluj vide work order No. 62/855 dated 07.03.2007, assigned to it by the respondents, within the stipulated period and to the C.W.P NO. 5117 OF 2009 -2- satisfaction of the authorities. Bill was also prepared and submitted by the petitioner-Society. The completion of work was also entered in the Measurement Book. However, the due payment of Rs.3,18,181/- is not being released to the petitioner- Society, despite service of legal notice dated 04.08.2008 (Annexure P-1) on its behalf. 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 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. 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 the tenders were floated and work was allotted in violation of the Govt. Policy/Instructions and/or even in the case of allocation of work. As regards the petitioner's claim for interest, the same cannot be effectively decided in these proceedings and the C.W.P NO. 5117 OF 2009 -3- petitioner-Society would be at liberty to recover the same, if so admissible, as per law. Disposed of. Let a copy of this order be supplied to the learned State counsel. MARCH 31, 2009 (SURYA KANT) shalini JUDGE