In a writ petition regarding delayed payment for government contract work, the court, after noting the respondents' admission of a payable balance of Rs. 8,11,485, disposed of the petition by directing payment to the petitioner before June 30, 2016.
Direction to pay the admitted amount of Rs. 8,11,485/- to the petitioner before June 30, 2016.
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W.P.(C) No. 5227 of 2013
05. 06.05.2016 The petitioner had carried some contract work of the State Gov
ernment under a contract dated 30.05.2008, which was initially to be completed by 30.04.2009.
However, the contract was extended from time to time and lastly up to 30.03.2011. By the said
time, 82% of the work was completed by the petitioner and 18% remained. On 29.04.2014, the pet
itioner was informed that 20% penalty on the value of 18% leftover work, which comes to Rs.1,7
2,063/-, would be deducted from his bills.
2. The submission of the learned counsel for the petitioner is that despite the w
ork performed by the petitioner having been concluded/closed on 30.03.2011 and the bills submi
tted by the petitioner, the petitioner has not been paid any amount. He does not dispute deduc
tion of penalty, but submits that the petitioner should be paid the balance amount.
3. On the last date, learned Addl. Govt. Advocate was directed to obtain instruct
ions, which he states that he has received. Learned Addl. Govt. Advocate placed before us the
communication of the Executive Engineer, Minor Irrigation Division, Jashipur dated 30.04.2016
in which it is admitted that after deducting 20% penalty of Rs.1,72,063/- as well as certain o
ther amount, the total amount payable to the petitioner comes to Rs.8,11,485/-.
4. Learned Addl. Govt. Advocate states that the said amount shall be paid to the
petitioner within such reasonable time as may be fixed by this Court.
5. Having heard learned counsel for the parties and considering the fact that the
opp. parties themselves admit payment of certain amount to the petitioner, we dispose of this
writ petition with the direction that the admitted amount of Rs.8,11,485/- (Rupees eight lakh
eleven thousand four hundred and eighty-five) shall be paid to the petitioner by opp. party n
o.3-Executive Engineer, Minor Irrigation Division, Baripada, Mayurbhanj, who shall ensure paym
ent of the admitted amount of Rs.8,11,485/- to the petitioner as expeditiously as possible but
, definitely, before 30th June, 2016.
The writ petition is allowed to the extent indicated above.
.......
( DR. B.R. SARANGI )
JUDGE
-2-
2 issues framed by the court
Whether the admitted payment of Rs.8,11,485/- to the petitioner for completed contract work should be directed to be paid by the concern authority.
Whether the writ petition should be allowed in light of the respondents' admission regarding the payable amount.
Petitioner
Executive Engineer, Minor Irrigation Division, Baripada
B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court