2025:HHC:2734 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11793 of 2024 Date of Decision: 10.01.2025 _____________________________________________________________________ M/s MSC Roads and Bridges Pvt. Ltd. ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Jeevan Kumar, Advocate. For the respondents: Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal Panwar, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) In terms of order dated 07.01.2025, learned Additional Advocate General has placed on record communication dated 09.01.2025, issued under the signatures of Executive Engineer, Bhawarna Division, HPPWD Bhawarna, District Kangra, Himachal Pradesh, perusal whereof reveals that sum of Rs. 1,00,00,000/- has been credited in the bank account of the petitioner. It has been further stated in the afore communication that though sum of Rs. 10,00,000/- is payable to the petitioner, but since sum of Rs. 18.84 lakh has already been paid in advance, balance sum of Rs. 10,00,000/- claimed by the petitioner cannot be released. Since substantial amount of Rs. 1,00,00,000/- has already been released in favour of the petitioner and there is a dispute with regard to liability to pay remaining sum of Rs. 10,00,000/-, there appears to be no justification to entertain the present petition. Needless to say, this Court, while exercising power under Article 226 of the Constitution of India, cannot direct respondents to release the amount, which is disputed. Admitted amount of Rs. 1,00,00,000/- has already been released, whereas sum of Rs. 10,00,000/- being claimed by the petitioner has been denied by the respondent on the ground that sum of Rs. 18.84 lakh already stands paid in advance. Whether the petitioner is entitled to the additional sum of Rs. 10,00,000/- over and above Rs. 18.84 lakh allegedly paid to him in advance is a question to be decided in appropriate proceedings by appropriate Court of law. 2. Consequently, in view of the above, the present petition is disposed of reserving liberty to the petitioner to file appropriate proceedings in appropriate Court of law qua the surviving grievance. Pending applications, if any, stand disposed of. January 10, 2025 (Sandeep Sharma), (sunil) Judge 2