Rajender Parsad Jain Contractor Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

Rajender Parsad Jain Contractor Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No further substantive relief adjudicated; the petition was dismissed as not pressed after the competent authority's speaking order dated 09.05.2025 (Annexure 'A') redressed the grievance, the Court having earlier directed a decision on the legal notice within six weeks and forthwith release of any outstanding payment.

Issue for consideration

Whether a direction should issue to the respondent-authorities to decide the petitioner's legal notice (Annexure P-4) in a time-bound manner and secure release of any outstanding final-bill payment.

Court's answer

The competent authority amongst the respondents was directed to make a final decision on the petitioner's legal notice within six weeks, to forthwith release any payment found outstanding, and to place the decision on record; non-compliance would entail personal appearance before the Court.

Ratio / Principle

The unconditional apology tendered by Mr. Bhanu Pratap Sharma, Executive Engineer, Public Health Engineering, Sub Division No.1, for non-compliance with the Court's earlier direction was accepted.

Key takeaways

The speaking order dated 09.05.2025 passed by the Executive Engineer was ordered to be taken on record as Annexure 'A'.ratio¶30
As the petitioner's grievance stood redressed and he did not wish to press the petition, the petition was dismissed as not pressed.ratio¶32

Detailed headnote1 paragraphs

Writ petition by a contractor aggrieved by non-payment of his final bill and non-decision on his legal notice (Annexure P-4): vide order dated 05.03.2025, the Court directed the competent authority to decide the legal notice within six weeks and to forthwith release any payment found outstanding, failing which personal appearance was required; upon non-compliance, bailable warrants were issued (order dated 29.04.2025) against the Executive Engineer, Public Health Engineering, Sub Division No.1, who tendered an unconditional apology accepted by the Court; the Executive Engineer thereafter passed a speaking order dated 09.05.2025, taken on record as Annexure 'A'; the grievance standing redressed, the petitioner did not press the petition, which was dismissed as not pressed.

CWP-31130-2025

-1-

111

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-31130-2024

Date of Decision : 23.05.2025

RAJENDER PARSAD JAIN CONTRACTOR

.....Petitioner

VERSUS

STATE OF HARYANA AND OTHERS

.....Respondents

CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

Present : Ms. Veena Hooda, Advocate, for the petitioner.

Mr. Bhupender Singh, DAG, Haryana.

KULDEEP TIWARI, J.(Oral)

This Court vide order dated 05.03.2025, had passed the

hereinafter extracted order:-

“3. The gravamen of the lis, as encapsulated in this writ petition, is centered upon the indolent and lackadaisical approach of the authority(ies) concerned inasmuch as despite repeated requests and lapse of considerable time, neither the payment of the final bill has been made to the petitioner, nor any decision has been made on petitioner’s legal notice, which is enclosed as Annexures P-4 in this writ petition. It would be apt to record here that, it is the petitioner’s case that, the payments of operation and maintenance per year, except payment of final bill, have been received.

During the course of arguments, the learned counsel for the petitioner fairly submits that, at this stage, the petitioner would be satisfied in case a direction is passed upon the respondent(s) concerned to decide the legal notice (supra) in a time bound manner. 5. Notice of motion.

Mr. Rajesh Gaur, Addl. A.G., Haryana, waives service of notice on behalf of the respondents. He submits that, there is no objection in case a direction is passed upon the respondent(s) concerned to decide the legal notice (supra) in a time bound manner.

Without evincing any opinion as regards the merits of this writ petition, or, as regards the bill being admitted/sanctioned, this Court deems it appropriate to direct the competent authority, amongst the respondents, to make final decision on the legal notice (supra) within

DHARAM VIR 2025.05.27 16:51 I attest to the accuracy and integrity of this document

-2-

CWP-31130-2025

six weeks from today, and, in case any payment is found outstanding, the same shall forthwith be released in favour of the petitioner. Moreover, a copy of the decision so taken, shall be placed on record on the subsequent date of hearing.

It is made clear that, in case of non-compliance of the direction (supra), the competent authority shall cause personal appearance before this Court on the subsequent date of hearing.

List on 29.04.2025, in the urgent list.

It is made clear that, on the subsequent date of hearing, no request for adjournment would be entertained on behalf of either side. ”

Upon not complying with the aforesaid directions, vide order dated 29.04.2025, bailable warrants were issued against Mr. Bhanu Pratap Sharma, Executive Engineer, Public Health Engineering, Sub Division No.1, who has today caused appearance before this Court, and has tendered unconditional apology for not complying with the the order ( supra ), which is accepted by this Court.

Learned State counsel, informs this Court that the Executive Engineer concerned, has passed a speaking order on dated 09.05.2025, and has placed on record a copy thereof. The same is ordered to be taken on record as Annexure 'A'.

Learned counsel for the petitioner submits that in view of the order ( supra ), the grievance of the present petitioner has already been redressed, therefore, he does not want to press the instant petition.

In view of the aforesaid, the instant petition stands, dismissed as not pressed.

(KULDEEP TIWARI) May 23, 2025 JUDGE dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No

DHARAM VIR 2025.05.27 16:51 I attest to the accuracy and integrity of this document