LAWS(P&H)-2023-1-188

SHIV KUMAR Vs. STATE OF PUNJAB

Decided On January 16, 2023
SHIV KUMAR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Learned counsel for the petitioners submits that the controversy involved in both the cases is identical and hence, both petitions can be decided by common order. Accordingly, with the consent of parties, both above mentioned writ petitions are being adjudicated by common order. For the facility of reference, the facts are being taken up from CWP-3196-2020 titled as 'Shiv Kumar Vs. State of Punjab and others'.

(2.) Briefly summarized, the facts of the present case are that the petitioner is a proprietorship concern and was allotted various works during the year 2016-17 by the Superintending Engineer, Punjab Mandi Board, Sri Muktsar Sahib.

(3.) Upon allotment of the said works, the same were satisfactorily completed by the petitioner without any complaint or defence. The bill was also submitted by the petitioner, which was verified by the concerned Sub Divisional Officer and was further forwarded to the Executive Engineer of the Punjab Mandi Board, Sri Muktsar Sahib. The bill was approved for a payment of Rs.10,59,335.00 by the Executive Engineer, Punjab Mandi Board, Sri Muktsar Sahib on 13/12/2016, however, only an amount of Rs.9,79,325.00 was paid by the respondents and an amount of Rs.56,910.00 had not been paid and the same remained outstanding without any valid reason. Additionally, an amount of Rs.4,60,497.00 is also claimed to be due on account of furnishing earnest money deposited by the petitioner, to which the petitioner was entitled after satisfactory completion/execution of the allotted works by him.