2025:UHC:7602 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 185 of 2025 With WPMS No. 183 of 2025 WPMS No. 184 of 2025 WPMS No. 191 of 2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Gaurav Singh, learned counsel for the petitioners. 2. Mr. Devesh Bishnoi, learned counsel for the respondent-Nagar Palika Parishad Manglour. 3. Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity and convenience, facts of WPMS No. 185 of 2025 alone are being considered. 4. Petitioner is a petty contractor, who is registered with Nagar Palika Parishad Mangloure, District Haridwar. According to him, he was awarded contracts for different civil works, during Financial Year 2022-23 and petitioner completed the works to the satisfaction of concerned Authority. 5. Learned counsel for the petitioner submits that the Defect Liability Period, in respect of work done by petitioner, was only one year and there was no complaint of any nature in respect of work done by him, during one year period. 6. The grievance raised by petitioner is 2025:UHC:7602 that ten percent security deposit made by petitioner has not been released to him so far. 7. Learned counsel for Nagar Palika Parishad, however, submits that security deposit made by petitioner has been withheld in view of order passed by Hon’ble Minister. 8. This Court finds substance in the submission made by learned counsel for the petitioner that Minister has no business to direct a Statutory Authority to withhold payment of a contractor, who has completed the work to the satisfaction of the concerned Authority and no defect was found in his work during the Defect Liability Period. Thus, withholding of security amount deposited by petitioner does not appear to be proper. 9. Learned counsel for Nagar Palika Parishad submits that a PIL has also been filed by one Mohd. Yaqub alleging certain financial irregularities by the Municipal Authorities. 10. Financial irregularities by the Municipal Authorities cannot be a ground to withhold the security deposit of a contractor who has completed the awarded work to the satisfaction of the concerned Authority. 11. In such view of the matter, the writ petitions are disposed of by permitting the petitioner to make representation(s) to the Executive Officer of Nagar Palika Parishad Manglour for releasing his security deposit, if petitioner(s) makes representation for the purpose within ten days from today, Executive Officer shall 2025:UHC:7602 consider his request and take appropriate decision by passing a reasoned order, within six weeks from the date of receipt of such representation along with certified copy of this order. (Manoj Kumar Tiwari, J) 27.08.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB 0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.27 05:11:03 -07'00'