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Judgment
Pankaj Purohit, J
Since common questions of law and fact are involved in both these writ petitions, therefore, they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of WPMS No.107/2025 alone are being considered and discussed.
Petitioner is a Private Ltd. Company which entered into some agreement with the respondent-PWD in the year 2016 for the construction of school at Jayanti Kothiyara, Tehsil Rudraprayag, District Rudraprayag. According to the petitioner, the work was completed, but when the payment has not been paid by the respondent/State, petitioner filed the present writ petition with the following relief:-
“(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to release the admitted amount of payment qua the civil construction work carried for constructing Government Inter College, Paanja District Rudraprayag amounting to Rs.7,81,721/- and further to release the security deposit performance security and extra deposit amounting to Rs.9,73,160/- together with the interest @ of 18% per annum from the date it became due till it is actually paid.”
Learned counsel for the petitioner submitted that respondents admit the construction as well as claim raised by the petitioner.
The Co-ordinate Bench of this Court vide order dated 09.01.2025 directed learned State Counsel to seek instructions in the matter.
Today, on instructions, it is submitted by learned State Counsel that in WPMS No.107/2025, a sum of Rs.1,22,929/- and in WPMS No.108/2025 a sum of Rs.4,95,043/- have been sent to the Treasury, Rudraprayag to be paid to the petitioner.
Learned counsel for the petitioners submits that he accepts the aforesaid amount subject to the fact that any deduction made by the respondent-State could be challenged by the petitioner.
Accordingly, the writ petitions are disposed of. Petitioners may withdraw the amount deposited by the respondent-State in the Treasury, Rudraprayag in both the cases. However, it is left open for the petitioners to agitate the amount, if they feel so, by availing appropriate remedy.
Pending application, if any, stands disposed of.