Disposed

Mahesh Kumar and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC8 Jan 2009CWP/126/2009

Case brief

AI extract

What is this about?

High Court treated a writ petition regarding unpaid development work dues as a representation, directing the Deputy Commissioner to settle the claim with a hearing opportunity within three months and release payment thereafter.

What did the court decide?

Petition treated as representation; DC, Bhiwani to determine claim with hearing and settle payment within three months.

Mahesh Kumar and Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2009)

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

C.W.P NO. 126 OF 2009 DECIDED ON : 08.01.2009

¶3

Mahesh Kumar and others

¶4

...Petitioners

¶5

versus

¶6

State of Haryana and others

¶7

...Respondents

¶8

CORAM : HON'BLE MR. JUSTICE SURYA KANT

¶9

Present : Mr. Devinder Singh, Advocate, for the petitioners.

¶10

SURYA KANT, J. (ORAL)

¶11

The petitioners seek a mandamus to direct the respondents to release the payment of Rs.76,08,500/- along with interest from the date of submission of the final bills for the work executed by them for Municipal Committee, Bhiwani. Relying upon the internal correspondence between the Municipal Council and the Additional Deputy Commissioner/Deputy Commissioner, Bhiwani, it is averred by the petitioners that despite there being no dispute with regard to the due payments, nothing has been paid even though the development works were satisfactorily executed by them under different schemes in the year 2004-05.

¶12

Having heard learned counsel for the petitioners and after going through the documents on record, however, without expressing any opinion on merits of the petitioners' claim, more so, when no notice has been issued to the respondents and

¶13

C.W.P NO. 126 OF 2009

¶14

-2-

¶15

therefore, no order prejudential to their interest can be passed, I deem it appropriate to direct the Deputy Commissioner, Bhiwani to treat this writ petition as a representation on behalf of the petitioners and thereafter, determine as to whether or not the petitioners are entitled to be paid for the development works, allegedly executed by them pursuant to the work orders allotted by the Municipal Council, Bhiwani. The petitioners' claim shall be settled by the Additional/ Deputy Commissioner, Bhiwani, after affording an opportunity of hearing to the petitioners, as well as, the Municipal Council, Bhiwani within a period of three months from the date of receipt of certified copy of this order and the payment shall, thereafter be released within one month.

¶16

Disposed of.

¶17

JANUARY 08, 2009 shalini

¶18

(SURYA KANT) JUDGE

Mahesh Kumar and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Mahesh Kumar and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Veerwanti Devi Vs State of Punjab and Ors.

Bal Kishan Mittal Vs Financial Commissioner Cum Chief and Ors.

M/S Property Promoters Vs State of Punjab and Ors.

Sukhmander Singh Vs State of Punjab and Ors.

G.R. Builders and Contractors Vs State of Punjab and Ors.

Nand Kishore Vs the Administrator-Cum-Sub Divisional Officer