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Judgment
TRIBHUVAN DAHIYA, J. (ORAL)
The petition has been filed inter alia seeking a writ of mandamus directing the respondents to release the payment of ₹19,18,000 along with interest for the development works executed by the petitioner for Municipal Committee, Bawani Khera, District Bhiwani.
Learned counsel contends that the petitioner is being unnecessarily harassed by the Municipal Committee by withholding the dues payable for the works he has executed. He has himself incurred substantial expense on these works and denial of payment has caused untold misery. Reference has been made to directions issued by this Court to release payment in Shashi Bhushan v. State of Haryana and others, 2024 NCPHHC 60190.
Learned counsel for the fourth respondent/Municipal Committee, on the contrary, points out that the petitioner was allotted the works detailed in paragraph 2 of the written statement dated 20.07.2026, for which payment has already been made. The instant petition has been filed in respect of certain additional works allegedly carried out by the petitioner without permission from the competent authority, as mentioned in para 4 of the written statement, for which no payment is to be made. An inquiry was conducted in that regard and it was found that the then Municipal Engineer and Junior Engineer, in collusion with the petitioner, had committed the said irregularity for which departmental action as well as registration of FIR has been recommended. The relevant paragraphs of the written statement to that effect read as under:
8.That thereafter, District Municipal Commissioner, Bhiwani has submitted his enquiry report, vide letter memo No. DMC/F-347/2024/3648 dated 25.10.2024 (Copy of letter is attached herewith as Annexure R-8 for kind perusal of this Hon'ble Court). As per enquiry report, it has been found that Sh. Ashok Kumar, Municipal Engineer, Committee Asandh, then the M.E., M.C. Bawani Khera and Sh. Suresh Chander, Junior Engineer, M.C. Bhiwani in collusion with the petitioner-Surender Kumar have intentionally and malafidely committed irregularity in the aforesaid revised work. Hence, departmental action will be taken against the aforesaid employees as well as the petitioner.
9.That in the above matter, the respondent No.4 wrote letter memo No.2778/MCBK dated 13.07.2026 to SP, Bhiwani for registration of FIR against the culprit persons. (Copy of letter is attached herewith as Annexure R-9 for kind perusal of this Hon'ble Court).
The facts aforementioned have not been disputed by the petitioner by filing a counter-affidavit.
It is, therefore, apparent that the payment being claimed by the petitioner for certain works statedly executed for the Municipal Committee, is actively being contested. Also, it is not the case that the petitioner carried out the works on the basis of a written contract entered into with the MC. Rather, his own case is that he was asked to undertake these development works without there being any specific contract to that effect. Accordingly, there is serious dispute on facts which cannot be established before this Court in exercise of extraordinary jurisdiction. The order passed in Shashi Bhushan case ibid. too does not help the petitioner in any manner, as directions therein have been issued to release only the admissible and payable dues to the contractor.
In view thereof, the petition stands disposed of with liberty to the petitioner to approach the trial Court, if so advised.