The Sai Co. Op L C Society Ltd. Vs State of Punjab and Others

Through the instant writ petition filed under Article 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus upon the respondent no.2, to release the admitted amount of Rs.1,82,744/-, as 10% balance security regarding the work order No.33/7, and agreement dated 03.01.2020, for work under Ward No.51 (Annexure P-1), and Rs.1,92,412/-, as 10% balance security regarding work order No.33/8, and Agreement dated 03.01.2020, for work under Ward No.12 (Annexure P-2) finally demanded vide notice dated 24.02.2025 (Annexure P-5).

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This Court vide order dated 09.04.2025, at the time of issuing notice of motion, passed the the hereinafter extracted order:-

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“Learned counsel for the petitioner submits that the work which was allotted to the petitioner, by Municipal

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DHARAM VIR 2025.05.30 12:30 I attest to the accuracy and integrity of this document

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CWP-10496-2025

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Corporation, Amritsar, was duly executed by the petitioner, and for that final bill has already been paid. However, the security amount, as deposited by the petitioner, has not been refunded. He further submits that no deficiency in the work was pointed out by the Municipal Corporation concerned, enabling them to retain the security amount.

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The grievance, which has been encapsulated in the instant petition, is the indolent and lackadaisical approach of the respondents, in not deciding the representations dated 24.02.2025 (Annexures P-5 and P-6).

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Notice of motion.

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On the asking of the Court, Mr. Pardeep Bajaj, DAG, Punjab, who is present in the Court, accepts notice on behalf of the respondent No.1, and waives service. He undertakes to inform the authorities concerned, to do needful in the matter. The competent respondent amongst the respondents, is directed to decide the representations dated 24.02.2025 (Annexures P-5 and P- 6), within a period of 15 days from today, and shall place on record the copy of the decision taken thereof.

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Adjourned to 22.05.2025.

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To be shown in the urgent list. Copy of this order by conveyed forthwith to the respondents, for its compliance.

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In case, the directions (supra), are not complied with, on or before the next date of hearing, the person/authority concerned shall cause personal appearance on the date fixed, before this Court.”

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In deference to the directions ( supra ), today, learned counsel

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who has caused appearance on behalf of respondents no.2 to 4, informs this Court that the authority concerned, has passed a speaking order on dated 24.04.2025, and has placed on record a copy thereof. The same is ordered to be taken on record as Annexure 'A' and a copy thereof, supplied to learned counsel for the petitioner.

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It is further informed to this Court by learned counsel for respondents no.2 to 4, that, as on date an amount of Rs.2,33,132/- was found to be due towards the petitioner, and the same shall be transferred to the account of the petitioner-society, within a period of next five working days.

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In view of the above supervening events, no further directions is required to be passed in the instant matter. However, in case,

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DHARAM VIR 2025.05.30 12:30 I attest to the accuracy and integrity of this document

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CWP-10496-2025

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the petitioner is still left with any grievance, he is at liberty to approach the authority concerned, by making an apt motion in view of the contract agreements and work orders ( supra ).

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6. Disposed of accordingly.

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(KULDEEP TIWARI) May 22, 2025 JUDGE dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No

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DHARAM VIR 2025.05.30 12:30 I attest to the accuracy and integrity of this document

The Sai Co. Op L C Society Ltd. v. State of Punjab and Others

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The Sai Co. Op L C Society Ltd. v. State of Punjab and Others

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