ORDER

Heard on the question of admission.

The present writ petition under Article 226 of the Constitution of India has been filed seeking direction to the respondents to release the undisputed admitted payment of the final bill amounting to the tune of Rs. 147.20 lakhs pursuant to the work performed by the petitioner for respondent no.3 under the Water Supply Project under the UIDSSMT Scheme, which has been arbitrarily withheld for no valid reason inspite of the claim being undisputed and admitted by the respondent No.3.

2. The brief facts of the case are that the petitioner firm is a reputed contractor who has carried out several construction work of various Municipal Councils. The petitioner entered into a contract with respondent No.3 for construction of various civil work under the Water Supply Project (under the UIDSSMT Scheme) at Khargone. the petitioner duly completed his entire work to the satisfaction of respondent No.3 and the work completion certificate was also issued to the petitioner on 14.09.2016. Inspite of lapse of 8 years, the admitted amount of the bill has not been paid making the petitioner to run from pillar to post. Hence, this petition. 3. This Court vide order dated 03.04.2024 had directed the State to seek instructions as to why the undisputed amount is not being paid to the petitioner.

4. The respondents/State has filed an application for taking documents on record along with copy of order dated 15.03.2024. The same is taken on record. As per order dated 15.03.2024 the State has made payment of Rs. 219.22 lakhs in which the payment to be made to the petitioner is included. The factum of deposit of the amount by the State Government in the account of respondent No.3 has also been got verified. As per the instructions, learned counsel for the State as well as respondent No.3 have confirmed that the payment has been received in the account of respondent No. 3 after the State Government has granted the recent financial sanction.

5. Learned counsel for the petitioner submitted that the petitioner is also entitled for an interest at the rate of 6% per annum on account of delay caused by the respondents. In support of his contention, he has referred to the decision of the Hon'ble Apex Court in case of Surya Constructions vs. State of Uttar Pradesh & Ors., (2019) 16 SCC 794 wherein, under similar facts and circumstances, interest at the rate of 6% per annum has been awarded. the relevant paragraphs are reproduced below :

"Leave granted. Having heard the learned counsel for all the parties, we find that the present is a case in which payment for extra work by the Uttar Pradesh Jal Nigam has not been made though such work was expressly sanctioned and done to their satisfaction. The appellant before us has had to run from pillar to post to get the money owed to them.

2. By an order dated 21.10.2013, the High Court asked the appellant to make a representation and finally, in a contempt petition moved on 07.02.2014, directed Uttar Pradesh Jal Nigam to answer this representation. The representation so made was answered by Uttar Pradesh Jal Nigam as follows:

"Due to aforesaid facts and descriptions it is clear that Rs. 113.29 lakhs has to be released by Government/Mela Administration against the Budget presented by U.P.Jal Nigam, Magh Mela 2008 of 2009. There is no money available under account of Magh Mela Administration/Government. Therefore, payment regarding M/s Surya Construction, 323/3, Alopibagh, Allahbad will be paid after availability of the money from the Government."

3. It is clear, therefore, from the aforesaid order dated 22.03.2014 that there is no dispute as to the amount that has to be paid to the appellant.

Despite this, when the appellant knocked at the doors of the High Court in a writ petition being Writ Civil No. 25216 of 2014, the impugned judgment dated 02.05.2014 dismissed the writ petition stating that disputed questions of fact arise and that the amount due arise