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2022 Supreme(MP) 226

VIVEK AGARWAL
Keshav Kanshkar A Class Electrical Contractor – Appellant
Versus
Principal Secretary Department of Energy Mantralaya – Respondent


Advocates:
Sourabh Sunder for petitioner;
Piyush Bhatnagar, Panel Lawyer for respondent No. 1/State.

ORDER

1. Petitioner an Electrical Contractor has filed this writ petition under Article 226 of the Constitution of India claiming issuance of writ in the nature of mandamus directing the respondents especially respondent No.3 to release the payment of the petitioner for the work carried out by the petitioner under ‘Sobhagya Yojna Scheme’ under which he had carried out work of supply of material, survey, installation, testing and commissioning of 11 KV line, 11/4 KV distribution transformers and LT line for un-electrified household in terms of the NIT dated 23.10.2018.

2. It is submitted that as per Clause 6 of the NIT defect liability period was 12 months from the date of taking over/completion of facilities or any part thereof in case of 11 KV line and LT line and 24 months for distribution transformers but instead of making payment respondents have issued recovery notice dated 13.12.2021 beyond the period of defect liability.

3. Learned counsel for the petitioner has taken this Court through order dated 22.12.2021 passed in W.P. No.28386/2021 (Annexure P-4) in which as an interim measure, the effect and operation of the order dated13.12.2021 (Annexure P-1) was stayed.

4. It is also

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