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2021 Supreme(UK) 144

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Rajendra Singh Chauhan - Appellant
Versus
State Of Uttarakhand & Ors. - Respondent
Writ Petition (M/S) No. 470 of 2021
Decided On : 01-03-2021

Advocates Appeared:
Arvind Kumar Sharma, Advocate, Rakesh Kunwar, Advocate

The court has the power to dispose of a writ petition with liberty to the petitioner to make a representation to the concerned authorities.

Headnote:

Security Money - Contractor - The court disposed of the writ petition with liberty to the petitioner to make a representation to the Superintending Engineer, Public Works Department, and directed the authorities to release the security money if the representation is made within the stipulated period.

Fact of the Case:

The petitioner, a contractor, completed the work to the satisfaction of the authorities but the security amount deposited by him has not been released.

Finding of the Court:

The court disposed of the writ petition with liberty to the petitioner to make a representation to the Superintending Engineer, Public Works Department, and directed the authorities to release the security money if the representation is made within the stipulated period.

Issues:

Ratio Decidendi:

Final Decision: The writ petition is disposed of with liberty to the petitioner to make representation to the Superintending Engineer, Public Works Department, and the authorities are directed to release the security money if the representation is made within the stipulated period.

JUDGMENT

Manoj Kumar Tiwari, J. - Petitioner is a Contractor. According to him, he completed the work, for which contract was given to him, to the satisfaction of the concerned authorities, however, the security amount, deposited by him, has not been released so far.

2. By means of this writ petition, petitioner has sought following reliefs:

    "(i) Issue a writ, order or direction in the nature of mandamus to directing the respondent authorities to release the payment of security money of Rs. 1,28,900.00 which has been deposited by the petitioner in the Department of Executive Engineer, Construction Division, Public Works Department Barkot, District Uttarkashi and Executive Engineer, Construction Division, Public Works Department Chiniyali Shaur, District Uttarkashi.

      (ii) Issue a writ, order or direction in the nature of mandamus to directing the respondents authorities to release the payment of security money of Rs. 1,28,900.00 of the petitioner with 18% interest."

      3. The breakup of the amount deposited by the petitioner, as security, has been indicated in paragraph no. 9 of the writ petition.

      4. Having regard to the facts of the case, the writ petition is disposed of with liberty to petitioner to make representation to Superintending Engineer, 6th Circle, Public Works Department, District Uttarkashi (respondent no.2), within two weeks from today. If such representation is made within the stipulated period, the Superintending Engineer shall look into petitioner's request and take appropriate decision thereupon, in accordance with law, within a period of four months from the date of receipt of representation alongwith certified copy of this order.

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