Ms Onkar Infrastructure Vs the State of… — Writ and Judicial Review | Punjab & Haryana HC (2025)

Ms Onkar Infrastructure Vs the State of… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

No adjudicated relief; petition closed ('Disposed of accordingly') with liberty reserved to the petitioner to pursue statutory remedy(ies) if the grievance survives, after the State undertook to release the admitted amount within ten days.

Issue for consideration

Whether the respondents should be directed to release the outstanding amount of ₹17,52,790/-, with interest @ 12% p.a., to the petitioner for the work of retrofitting of Blocks 'D' & 'E' (office of District Treasury Officer and RTA for persons with disability, providing 1 lift) at DAC, Patiala.

Court's answer

By interim order dated 17.02.2025, this Court deemed it fit to pass a mandamus upon respondent No.4 to decide the petitioner's representations dated 05.06.2023 and 10.12.2024 (Annexures P-4 and P-5) within 15 days and to place the decision on record by way of his personal affidavit.

Ratio / Principle

After the State placed the Speaking Order on record and undertook to release the admitted amount within ten days, the petitioner did not press the writ petition; the petition was closed, with liberty reserved to the petitioner to take recourse to statutory remedy(ies) if the grievance still survives.

Detailed headnote1 paragraphs

Writ petition (CWP-4259-2025, decided 26.03.2025) by M/s Onkar Infrastructure under Articles 226/227 of the Constitution of India seeking directions to the State of Punjab to release ₹17,52,790/- with interest @ 12% p.a. for retrofitting of Blocks 'D' & 'E' (District Treasury Officer/RTA offices, providing 1 lift) at DAC, Patiala. By interim order dated 17.02.2025 the Court directed respondent No.4 to decide the petitioner's representations dated 05.06.2023 and 10.12.2024 within 15 days and record the decision by personal affidavit. On 26.03.2025 the State placed on record Speaking Order No.398 dated 19.02.2025 of the Executive Engineer, Electrical Division, PWD B&R Branch, Patiala, and undertook to release the admitted amount within ten days; the petitioner thereupon did not press the petition, which was closed ('Disposed of accordingly') with liberty reserved to pursue statutory remedies. Single Judge: Kuldeep Tiwari, J. (Oral).

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

288

CWP-4259-2025 Date of Decision : March 26, 2025

M/S ONKAR INFRASTRUCTURE -PETITIONER

V/S

THE STATE OF PUNJAB AND OTHERS -RESPONDENTS

CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

Present: Mr. Rajesh Kumar Girdhar, Advocate with Ms. Kirandeep Kaur, Advocate for the petitioner.

Mr. Pardeep Bajaj, D.A.G., Punjab .

KULDEEP TIWARI, J. (ORAL)

The instant writ petition embodies prayer for issuance of directions upon the respondents to release the outstanding amount of ₹17,52,790/-, in favour of the petitioner, for executing the work of retrofitting of Block ‘D’ & ‘E’ consisting office of District Treasury Officer and RTA for persons with disability at DAC, Patiala (Providing 1 No. Lift), along with interest @ 12% p.a.

On 17.02.2025, this Court had passed the hereinafter reproduced order:-

“Through the instant petition, cast under Articles 226/227 of the Constitution of India, a prayer is made of issuance of a writ, in the nature of mandamus, directing the respondents, to release the amount of Rs.17,52,790/-, to the petitioner, qua the work of retrofitting of Block-D and E.

Notice of motion.

Mr. Pardeep Bajaj, DAG, Punjab, waives service and accepts notice on behalf of the respondent No.1.

DEVINDER YADAV 2025.03.29 11:46 I attest to the accuracy and authenticity of this order/judgment

CWP-4259-2025 2

At this stage, this Court deems it fit and appropriate to pass a mandamus upon the respondent No.4, to decide the representations dated 05.06.2023 and 10.12.2024 (Annexures P-4 and P-5), within a period of 15 days from today, and thereupon, place on record the copy of the decision, by way of his personal affidavit.

List this matter on 26.03.2025.

Copy of this order be conveyed to the respondent No.4, forthwith for its compliance.”

In deference to the directions (supra) issued by this Court, today the learned State counsel has placed on record the copy of Speaking Order No.398 dated 19.02.2025, passed by the Executive Engineer, Electrical Division, PWD B&R Branch, Patiala. Moreover, on instructions imparted to him by Mr. Rajesh Prashar, Senior Assistant, Department of Social Security, Woman and Child Development, Punjab, Chandigarh, he has informed this Court that, the admitted amount will be released in favour of the petitioner within ten days from today.

In view of the above, the learned counsel for the petitioner submits that, he does not want to press the instant writ petition at this stage.

Consequently, the instant writ petition is closed. However, liberty is reserved to the petitioner to, in case his grievance still survives, take recourse to the statutory remedy(ies).

6. Disposed of accordingly.

March 26,	2025	(KU	LDEEP TIWARI) JUDGE
devinder
	Whether speaking/reasoned	:	Yes/No
	Whether Reportable	:	Yes/No

DEVINDER YADAV 2025.03.29 11:46 I attest to the accuracy and authenticity of this order/judgment