2025:UHC:8038 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2605/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Vikas Bahuguna, Advocate for the petitioner. Mr. S.S. Chauhan, Advocate for respondent. 2. Petitioner was awarded a contract for construction of a road. According to him, road construction work was completed on 01.07.2019 and the entire payment was also released to him. 3. Grievance raised by the petitioner is that now the Executing Agency is asking petitioner to refund 50% amount paid to him as price for the work done and remaining 50% amount would be recovered from the concerned employee. 4. Mr. S.S. Chauhan, learned counsel appearing for Pradhan Mantri Gam Sadak Yojna submits that a team of officers from National Quality Management visited the site and found the road construction done by petitioner to be of substandard quality and non-rectifiable, therefore, petitioner was asked to refund 50% amount, paid to him. 5. Learned counsel for the petitioner submits that the dispute is referable to Clause 24.1 of the Standard Bidding Documents and Engineer-in- 2025:UHC:8038 Charge has decided the dispute raised by petitioner against him and petitioner has approached Standing Empowered Committee within time, but the Standing Empowered Committee has not decided the Appeal, filed by petitioner. 6. Mr. S.S. Chauhan, however, submits that the dispute is not arising out of contract, but it is in respect of defect liability period, therefore it is not referable to Clause 24.1 of the Standard Bidding Document. 7. Be that as it may, since petitioner has sought a direction to the competent authority to take decision on his representation, accordingly, the writ petition is disposed of with a direction to Superintending Engineer concerned to consider and decide petitioner’s representation, as per law, within three weeks from date of presentation of certified copy of this order. 8. For a period of three weeks or till the decision is taken, whichever is earlier, no coercive action shall be taken against him. (Manoj Kumar Tiwari, J.) 10.09.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18 b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9 EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.12 10:23:53 +05'30'