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Judgment
1 Through the medium of instant petition, the petitioner has sought a direction against the respondents to release the outstanding payment of
Rs.22,91,083/- along with interest at the rate of 18% per annum.
2 I have heard learned counsel for the parties and perused the pleadings of the parties.
3 As per the case of the petitioner, he was allotted a contract of painting of ST Poles at different places by the respondents. Accordingly, the
petitioner executed the requisite works to the entire satisfaction of the respondents during the financial year 2018-19 and a bill of Rs.22,91,083/ was
submitted by the petitioner before the respondents for its payment. It is contended that respondent No.4 vide his letter dated 03.07.2019 requested
respondent No.3, his superior officer, for release of funds to the tune of Rs.23.00 lac so that the liability of the petitioner is cleared, but the outstanding
amount was not released by the respondents in favour of the petitioner which compelled it to serve a notice of demand dated 09.03.2020 upon the
respondents and in response to the same, respondent No.4 vide his letter dated 18.03.2020 intimated that he has taken up the matter with the higher
authorities. The outstanding amount, according to the petitioner, has still not been cleared by the respondents which compelled him to file the instant
petition.
4 The respondents have filed their reply to the instant writ petition in which they have admitted that the petitioner was allotted a contract of painting of
ST poles. The respondents have also admitted that the petitioner has executed the work for an amount of Rs.22,91,083/-. They have further admitted
that the petitioner did approach them for release of payment. According to the respondents, the matter has been taken up with the higher authorities
and as soon as the funds will be available to them, the liability of the petitioner shall be cleared.
5 From the reply of the respondents, it is clear that they have not disputed the liability and have, in fact, admitted that they will clear the said liability as
soon as funds become available to them.
6 On account of admission made by the respondents, the instant petition is allowed and the respondents are directed to release the admitted liability of
Rs. 22,91,083/ in favour of petitioner within a period of six weeks from the date a copy of this order is made available to them. Petition along with
connected CMs stands disposed of accordingly.