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2026 Supreme(Online)(Raj) 12404

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Kuldeep Mathur, J
M/S PAWAN PUTAR CONSTRUCTION COMPANY – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Civil Writ Petition No. 8731/2026



Advocates:
For the Appellants/Petitioners: Nandipna Gehlot
For the Respondents:

The court directed the petitioner to submit a fresh representation for the release of pending payments for completed work, ordering the respondent authority to decide the matter within two weeks via a reasoned and speaking order.

Headnote:(A) Writ Jurisdiction - Non-payment of Dues - Direction to decide representation - Where a contractor claims non-payment for completed work under a work order, the court may direct the petitioner to submit a fresh representation to the competent authority for a reasoned decision. (Para 7, 8, 9)

Issues: Whether the petitioner is entitled to the release of payment for the work executed under the work order.

Table of Content
1. petitioner completed work under nit but payment remains pending. (Para 1 , 2 , 3)
2. arguments regarding obligation to pay and missing measurement books. (Para 4 , 5)
3. direction to decide representation and release payment via reasoned order. (Para 6 , 7 , 8 , 9 , 10 , 11)

Order

1. The main grievance of the petitioner is that it is a successful bidder pursuant to the NIT floated by the respondents for transportation of water tanks.

2. The petitioner was issued a work order and, in terms of the conditions thereof and the Notice Inviting Tender (NIT), the petitioner–firm has completed the entire work. The petitioner has been making repeated requests to the respondents for payment of the amounts due under the said work order; however, there has been no response. In these circumstances, the present writ petition has been filed.

3. The averments made by the petitioner indicate that a work order was issued pursuant to the NIT and that the petitioner appears to have completed the entire work.

4. According to learned counsel there is no grievance on the part of the respondents regarding any non-compliance with the terms of the work order. Since the work has been completed by the petitioner–firm, the authorities are under an obligation to release the amounts due under the work order. Therefore, the writ petition can be disposed of at the admission stage.

5. Learned counsel for the petitioner submits that despite approval of the work by the respondent authorities, the payment for the work executed by the petitioner has not been released. Learned counsel further submits that, as per verbal information received, the payment has been withheld on account of non-availability of measurement books and bills, which are stated to be missing from the respondent office.

6. Heard.

7. Having heard learned counsel for the petitioner and upon perusal of the material available on record, this Court, without going into the merits of the case, deems it just and proper to dispose of the present writ petition with a direction to the petitioner to submit a fresh representation before the competent authority of the respondent department, seeking release of payment for the work executed, along with necessary documents such as measurement books and bills, etc.

8. The competent authority of the respondent department is directed to consider and decide the representation, if submitted, within a period of two weeks from today, and to make all possible endeavours to release the due payment to the petitioner.

9. It is made clear that, in case it is found that the petitioner is not eligible or entitled to the release of payment for the work executed, a reasoned and speaking order shall be passed by the competent authority in that regard.

10. It is further clarified that the aforesaid directions have been issued solely to ensure expeditious redressal of the petitioner’s grievance and shall not be construed as a direction to decide the matter in any particular manner.

11. With the aforesaid directions, the present writ petition, as well as the stay application, stand disposed of.

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