M/S Sant Kripa Infra Tech Pvt. Ltd. Vs… — Writ and Judicial Review | Punjab & Haryana HC (2025)

M/S Sant Kripa Infra Tech Pvt. Ltd. Vs… — Writ and Judicial Review | Punjab & Haryana HC (2025)

CWP-1378-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

(228) CWP-1378-2025 Date of Decision : 28.03.2025

M/S Sant K ripa Infra Tech Pvt. Ltd. …Petitioner

V e rsus

State of Ha r yana and others ...Respondents

CORAM: HON’BLE MR. JUSTICE KULDEEP TIWARI

Present: Mr. Gaurav Arora, Advocate f o r the petitioner.

Mr. Pankaj Mulwani, DAG, H a ryana.

Mr. Sanjeev Kaushik, Advocat e Mr. Divyanshu Kaushik, Advo c ate Ms. Simran Sharma, Advocate and Ms. Manreet Kaur, Advocate for the respondents No.2 to 4- M .C. Gurugram. ****

KULDEEP TIWARI, J.(ORAL)

Through the instant petition, c ast under Articles 226/227 of t he Constitutio n of India, a prayer is made for issuance of a mandamus, upon t he respondent s No.2 to 4, to pay the reco r ded final bill of Rs.29,02,07 1 /-, withheld a m ount Rs.21,82,101/-, gross a m ount Rs.50,84,172/-, net paya b le amount Rs.45,75,755/-, security of Rs.4,58,752/- and earnest money of Rs.64,824/-, which was found to be withhel d , along with the interest. 2. This Court, vide order dated 2 0.01.2025, at the time of issu i ng notice of motion, had passed the hereinaft e r extracted order, upon the instant writ petitio n :-

“1. The gravamen of th e lis, as encapsulated in these w rit petitions, is centered u p on the indolent and lackadaisical approach of the auth o rity(ies) concerned inasmuch as despite repeated reques t s and lapse of considerable ti m e, neither the payment of t h e admitted bills has been mad e to

MANPREET SINGH 2025.04.03 17:46 I attest to the accuracy and authenticity of this order/judgment

CWP-1378-2025 2

the petitioner(s), nor a ny decision has been made on petitioner(s)’ represe n tation/legal notice, which is enclosed as Annexure P - 7 in these writ petitions.

2. Notice of motion.

3. Mr. Bhupender Sing h , D.A.G., Haryana, waives ser v ice of notice on behalf of th e respondent No.1. 4. Mr. Vivek Saini, Adv o cate, waives service of notice on behalf of the respondent s No.2 to 4.

5. List on 27.02.2025, in the urgent list.

6. It is made clear that, on the subsequent date of heari n g, no request for adjournment would be entertained on be h alf of either side.

7. In the meantime, the competent authority, amongst t he respondents, is directe d to make final decision on the representation/legal no t ice (Annexure P-7), and, in c a se any payment is found o utstanding, the shall forthwith be released in favour of th e petitioner(s). Moreover, a cop y of the decision so taken, s hall be placed on record on the subsequent date of heari n g.

8. It is made clear that, in case of non-compliance of t he direction (supra), the competent authority shall ca u se personal appearance b ef ore this Court on the subsequ e nt date of hearing.

9. A photocopy of this o r der be placed on file of connected case.”

In deference to the direction s (supra), issued by this Cour t , a compliance affidavit dated 10.03.2025 o f Mr. Manoj Kumar, Execut i ve Engineer-II , Municipal Corporation, Guru g ram, has been filed in the C o urt today. The s ame is taken on the record.

The affidavit (supra), voice a bout the passing of the speak i ng order dated 06.03.2025. The amount, whic h was found to be due towards t he petitioner, h as already been paid to the petit i oner.

MANPREET SINGH 2025.04.03 17:46I attest to the accuracy and5. Learned counsel for the petiti o ner submits though the speak i ng authenticity of this order/judgment

CWP-1378-2025 3 order has b e en passed, and the amount, in question, has been released to t he petitioner, t herefore, at this stage, he d o es not wish to press the instant petition. H o wever, liberty be extended to t he petitioner, to take all availa b le legal remed y /ies, in case, the grievance still survives.

Consequently, the instant wri t petition is disposed of with t he liberty, as a f oresaid.

(KULDEEP TIWARI) JUDGE

March 28, 2 025 Manpreet

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

MANPREET SINGH 2025.04.03 17:46 I attest to the accuracy and authenticity of this order/judgment