Pradhan Engineering Project & System v. State Of Jharkhand Through Its Chief Secretary Government Of Jharkhand
2019-09-18
SUJIT NARAYAN PRASAD
body2019
DigiLaw.ai
JUDGMENT Sujit Narayan Prasad, J. - This writ petition is under Article 226 of the Constitution of India whereby and whereunder a direction has been sought for upon the respondents to pay the amount in pursuance to the execution of the work by the petitioner in terms of the work order issued by virtue of the notice inviting tender for supply of chemicals. 2. The petitioner after execution of the aforesaid work has submitted the bills but the amount has not been paid which constraint the petitioner to approach this Court by filing the instant writ petition. 3. Counter affidavit has been filed by the State-respondent and by referring to the stand taken by them at paragraph 7, the said amount has been admitted but reason for non-disbursement has been shown to be non-availability of the fund with the further acceptance that whenever the fund would be available the amount would be released in favour of the petitioner but according to the petitioner, although the said stand has been taken in the counter affidavit filed on 05.03.2019 but till date the amount has not been paid. 4. Learned AC to GP-III has also admitted the stand taken by the respondent in the counter affidavit, more particularly, at paragraph7 and the annexure appended thereto. 5. This Court after having heard the learned counsel for the parties and taking into consideration the averment made by the parties in their affidavits has found that a direction has been sought for from this Court by issuing command by invoking the jurisdiction conferred to this Court under Article 226 of the Constitution of India for disbursement of the dues pertaining to execution of work in pursuance to the terms and conditions of the agreement. 6. It is not in dispute that the Writ Court is not supposed to issue command upon the authorities in case of money claim if the claim is in dispute but when the claim is not in dispute certainly the Writ Court is required to issue direction upon the concerned authority. 7.
6. It is not in dispute that the Writ Court is not supposed to issue command upon the authorities in case of money claim if the claim is in dispute but when the claim is not in dispute certainly the Writ Court is required to issue direction upon the concerned authority. 7. This Court after taking into consideration the aforesaid settled legal position and also taking into consideration the stand taken by the State-respondent at paragraph-7, which is being reflected hereinbelow, is of the view that the said amount has been admitted by the respondent showing the reason for non-disbursement of the amount as non-availability of the fund, therefore, it is a fit case for direction under Article 226 of the Constitution of India upon the respondents. "7. That in reply to para 4 (i) of the writ petition it is stated and submitted that the matter of dues payment of the petitioner is not unlawful or improper. It has been clearly stated in work order and agreement of chemicals that the total payment shall be made after getting satisfactory inspection report subject to availability of fund. The respondent no. 6 has requested to the department for allotment of Fund against supplied chemicals vide letter no. 1291 dated 21.08.2015, letter no. 80 dated 19.01.2016, letter no. 1188 dated 13.08.2016, letter no. 27 dated 10.01.2017, letter no. 579 dated 24.05.2017 and letter no. 782 dated 29.07.2017. Due to unavailability of fund dues payment of the petitioner could not be made. However, the petitioner has already accepted that the payment will be made subject to availability of fund as signed and agreed by the petitioner. As soon as the fund is released by the Department the payment of the dues bill of the petitioner will be immediately paid." 8. This Court, therefore, deem it fit and proper to direct the Principal Secretary, Drinking Water & Sanitation Department, Government of Jharkhand to provide fund for disbursement of the admitted amount as has been admitted at paragraph-7, as quoted hereinabove, so that the admitted amount shall be paid in favour of the petitioner. Such exercise is directed to be completed within a period of eight weeks from the date of receipt of copy of the order. 9. In view thereof, the writ petition is disposed of.