Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT GOA
Prasanna B. Varale, Bharat P. Deshpande, JJ.
Furtado Associates & Ors. – Appellants
Versus
State Of Goa, Thr. Its Chief Secretary & Ors. – Respondents
Writ Petition No. 452 of 2021
Decided On : 14-09-2022
Mandamus - Payment Dispute - The court directed the respondents to decide on the representations submitted by the petitioners to the State Government within a specified timeframe.
Fact of the Case:
The petitioners sought a writ of mandamus or any other appropriate writ to direct the respondents to effect payment towards the final bill and refund of security deposit. The court was initially disinclined to entertain the petition but allowed the petitioners to submit a copy of their representation to the Executive Engineer for decision.
Finding of the Court:
The court directed the petitioners to submit the copy of their representation to the Executive Engineer, who was then directed to decide on the representation within six weeks from the date of receipt.
Issues: Dispute over payment and refund, petition for writ of mandamus, representations submitted to the State Government.
Ratio Decidendi: The court's decision was based on the need for the respondents to address the representations submitted by the petitioners to the State Government within a specified timeframe.
Final Decision: The petition was disposed of with the direction for the respondents to decide on the representations submitted by the petitioners within six weeks from the date of receipt of the copy of the representation.
JUDGMENT
1. Heard the learned counsel for the Petitioners. The principal prayer in the petition reads thus:-
''For writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondents to effect payment towards final bill amounting to sum of Rs. 6,48,000/- and refund of security deposit i.e. sum of Rs. 7,08,000/- in favour of the Petitioner i.e. amount due and payable by Respondent to Petitioner for completing the work pursuant to Work Order No.216/WO/SD-IV/MR/11-12 dated 05.09.2011 along with interest at 10% p.a. from March 2014 till realisation of said amount'.
2. Considering the nature of the prayer, this Court was not at all inclined to entertain the petition, at this stage. The learned counsel for the Petitioners submits that he would restrict this petition for a limited prayer in the nature of direction to Respondents for deciding the representations submitted by the Petitioners to the State Government.
3. Our attention is invited to the copies of the representations placed on page 162 at Annexure - E as well as page 163 at Annexure - F. It seems that the first representation was made in the year 2018 and the second representation which was filed on 11.11.2020 was pending before the Authority of the Government namely the Executive Engineer, Works Division VI (Roads), P.W.D., Fatorda, Margao Goa.
4. Considering the fact that the representation was submitted to Respondent No.4- Executive Engineer in the year 2020, the possibility is that the said representation may not be traced out in the office of the Executive Engineer. As such, we permit the Petitioners to submit the copy of the representation dated 11.11.2020 to Respondent No.4 within one week from today. On receipt of this copy of the representation dated 11.11.2020, Respondent No.4 to decide the same as early as possible not later than six weeks from the date of receipt of the copy of the representation dated 11.11.2020.
5. With these directions, the petition is disposed of.
The court emphasized the importance of addressing representations submitted to the State Government within a specified timeframe.
A Writ of Mandamus can be issued to direct a statutory authority to consider a pending representation regarding the settlement of dues, provided the authority is directed to act in accordance with la....
The court upheld the necessity for timely action on financial approvals by government departments related to pending payments.
Entitlement to refund of security deposit and interest, and verification of final bill amount for payment.
Court directs consideration of representations for refund of security deposit post work completion certification.
Mandamus issued directing refund of fixed deposit with interest within stipulated time upon respondents' undertaking.
Court orders timely consideration of the petitioner's representation without expressing opinion on merits.
The court affirmed that representations must be addressed within a reasonable timeframe as per enforcement of administrative duties.
Court directs fresh representation for pay fixation grievance consideration instead of direct writ relief.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
