L. Nabinchandra Singh v. State of Manipur and 2 Others

O R D E R

08.11.2023

Heard Mr. N. Surendrajit, learned counsel appearing for the petitioner and Mrs. L. Monomala, learned Government Advocate appearing for the respondents. The present writ petition had been filed with a prayer, inter-alia for directing the respondents to release the balance amount of Rs. 2,50,450/- (Rupees Two Lakhs Fifty Thousand Four Hundred Fifty) due payable to the petitioner for executing a contract work. At the outset, the learned counsel appearing for the petitioner draw the attention of this Court to the order dated 26.08.2022 issued by the Chief Engineer, Water Resources Department, Manipur, wherein, it has been specifically stated that the balance amount of Rs. 2, 50, 450/- is due payable to the petitioner as and when funds are available. The learned counsel also submitted that the Executive Engineer, Flood Control & Drainage Division No. 1, Water Resources Department, Manipur as well as the Chief Engineer, Water Resources Department, Manipur have already made proposal to the Government for allocating additional amount of Rs. 2, 50, 450/- for payment of the balance bill amount to the present petitioner, however, the Government has not released the said amount to the petitioner till date. KABORA MBAM SAPANA CHANU by KABORAMBAM SAPANA CHANU Date: 2023.11.08 15:12:15 -08'00'

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The learned counsel accordingly submitted that the present writ petition may be disposed of by directing the respondents to release the said amount to the petitioner within a reasonable period since the respondents have already admitted that the said amount of Rs. 2, 50, 450/- is due payable to the petitioner. Mrs. L. Monomala, learned Government Advocate appearing for the respondents fairly submitted that as per the counter affidavit filed by the respondent No. 1 and the documents enclosed therein, it is an admitted position that an amount of Rs. 2, 50, 450/- is due payable to the petitioner for executing the contract work, however, since the Government has not sanctioned the amount, the same cannot be released till today. The learned Government Advocate accordingly prays for granting reasonable time to the respondents for making payment of the said amount to the petitioner. After hearing the submissions advanced by the learned counsel appearing for the parties and after careful examination of the materials available on record, this Court is of the considered view that since the respondents have admitted that an amount of Rs. 2, 50, 450/- is due payable to the petitioner for executing the contract work and as there is no dispute with regard to the non-payment of the said amount, the present writ petition can be disposed of by directing the respondents to release the said amount of Rs. 2, 50, 450/- to the petitioner along with the interest as ordered by this Court in its order dated

26.11.2021 passed in W.P. (C) No. 363 of 2021 as early as possible and not later than 6 (six) months from today. With the aforesaid directions, the present writ petition is disposed of.

JUDGE Sapana

Page 1 Item No. 26 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP (C) No. 806 of 2022 L. Nabinchandra Singh Petitioner Vs. State of Manipur; & Ors. Respondents B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH