High CourtsSingle Bench(2018) 08 P&H CK 0293

NAVYUG COOP LABOUR AND CONSTRUCTION SOCIETY LTD BATHINDA THR PRESIDENT SUBHASH CHANDER vs STATE OF PUNJAB AND OTHERS

Punjab And Haryana At Chandigarh · Decided on 27 August 2018

HON’BLE JUDGES
RAKESH KUMAR JAIN, J
CASE NUMBER
Civil Writ Petition No.418, 1034, 2240, 2245, 2323, 2287, 3093, 3127, 2319 Of 2018

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Judgment

14 paragraphs · 296 words

This order shall dispose of a bunch of 53 writ petitions mentioned above in which the petitioner(s), in all the writ petitions, have made the same prayer

under Article 226/227 of the Constitution of India for issuance of a writ of mandamus directing the respondent-Punjab Water Resources Management

and Development Corporation (for short ‘the Corporation’) to release payment due to them for the work executed on their behalf.

Learned counsels appearing on behalf of the respondent-Corporation have admitted their liability towards the petitioner(s) with regard to their

payments but it is stated that the Corporation would make the payment as and when it would receive the necessary funds. It is also submitted that

there may be a difference of opinion about the amount claimed by the petitioner(s) which shall be decided/sorted out after associating the petitioner(s).

Since, the petitioner(s) have prayed for a writ in the nature of mandamus which can be issued by this Court only if there is a right vested with the

petitioner(s) and there is a corresponding duty on the part of the respondent-Corporation and in the present case, neither the rights of the petitioner

have been denied nor the respondent-Corporation has denied their its liability, therefore, keeping in view the aforesaid facts and circumstances,

present bunch of writ petitions are hereby disposed with a direction to the respondent-Corporation to release the payment to the petitioners, in which

there is no dispute, within four months from the date of receipt of certified copy of this order. In case, where there is some dispute raised by them

then the respondent-Corporation would associate the petitioner(s) for the purpose of sorting out the said dispute and shall make the payment

accordingly.

A photocopy of this order be placed on the files of the connected cases.