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Judgment
The petitioner had filed CWP No.19531 of 2016 seeking directions
to the respondents to release the due payments qua the works of constructing
Escape Channels, executed by the petitioner. The said petition was disposed of
vide order dated 21.09.2016 (Annexure P-1) with a direction to respondent
No.4 therein, Executive Engineer, Bathinda Canal Division, Bathinda, to look
into the matter, consider the grievance of the petitioner, raised vide his legal
notice dated 01.09.2016 and decide the same by passing an appropriate order
in accordance with law within a period of one month from the date of receipt
of a certified copy of the order and it was further directed that if, after due
consideration of the matter, respondent No.4 comes to the conclusion that the
petitioner is entitled for the amount being sought to be released, the same shall
be released in favour of the petitioner, without any further loss of time. Since
the needful was not done within the stipulated time, hence the present
contempt petition.
At the time of hearing, the reply along with speaking order dated
29.11.2016 (Annexure R/4-1) and photocopy of Demand Draft (Annexure
R/4-II), amounting to Rs.10,000/- payable to the petitioner, have been filed in
Court, after due compliance of the previous order dated 02.12.2016. The same
are taken on record. A copy thereof has been furnished to learned Counsel for
the petitioner.
Learned Counsel for the petitioner concedes that the present
contempt petition has become infructuous as the total amount due towards
execution of the works by the petitioner/contractor has since been paid.
In view of the above, no further action is warranted.
Accordingly, the present contempt petition stands dismissed as
infructuous.