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2026 DAILYLAW 13325 (HP)

M/S KULDEEP KUMAR Contractors v. THE STATE OF HP AND OTHERS

CWP/3533/2026 · 2026-06-29

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3533 of 2026 Decided on: 29.06.2026 ----------------------------------------------------------------------------------- M/s Kuldeep Kumar Contractors …..Petitioner Versus The State of H.P. and Ors ....Respondents ----------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vipul Sharda and Mr. Raditya Katoch, Advocates. For the Respondents: Mr. Anup Rattan, Advocate General with Ms. Menka Raj Chauhan, Assistant Advocate General for respondents No. 1 and 2. Mr. Virender Verma, Advocate for respondent No.3. ----------------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge In this writ petition, petitioner seeks direction to the respondents to release the amount due to him towards the works executed by him under the agreement entered into between the parties. The substantive relief prayed for by the petitioner runs as under:- “(i) That this Hon'ble Court may be pleased to issue a suitable writ, order or direction, especially in the nature of mandamus for directing the Respondents to release the admitted amount of 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Rs.1,06,70,655.00 qua the running bill no. 3 to 9 being the final bill for works executed along with 18% interest p.a. from the date of entitlement till its realization.” 2. Following order passed in the matter on 24.04.2026, notices the stand conveyed by the respondents No. 1 & 2 –State: - “Learned Assistant Advocate General has placed on record office instructions dated 23.04.2026 from the office of Director General of Police, H.P. conveying that on the basis of representation of the petitioner forwarded by respondent No.3, respondent- Police department took up the matter with Government of H.P. on 03.01.2026. The State Planning Department on 31.03.2026 conveyed transfer of funds amounting to 538.00 lakhs to the Executive Engineer, H.P.P.W.D. Division- ₹538.00 lakhs to the Executive Engineer, H.P.P.W.D. Division-III, Shimla for further release to Executing Agency. That the respondent- Police department on 17.04.2026 has directed the Principal, Police Training College (PTC) to get funds released in favour of respondent No.3 for smooth execution and timely completion of project being undertaken for benefit of respondent-Police department. Let needful be carried out and the amount due to the petitioner as on date be released in its favour within next two weeks. List on 14.05.2026.” The above was followed by order dated 14.05.2026 as under: - 3 “Learned Deputy Advocate General has placed on record office instructions dated 12.05.2026 from Executive Engineer, Shimla Division, H.P.P.W.D. conveying that ‘payment amounting to 2,35,50,000/- has been released towards 30% of the amount for C/o Mini Forensic Lab. PTC Daroh and Modern Library, PTC, Daroh on 08.05.2026.’ Money is stated to have been transferred to respondent No.3. Since the amount as admissible under law is required to be transferred to petitioner by respondent No3, let needful be done by respondent No.3 by the next date. List on 22.05.2026.” 3. On behalf of respondent No.3, a computation sheet alongwith an office letter sent by respondent No.3 to the petitioner on 19.05.2026 has been placed on record. Learned counsel for respondent No.3, on the basis of documents placed on record by these respondents submits that admitted payments towards 1st-7th running bills of the petitioner have been cleared by these respondents. That no payment is due to be made to the petitioner towards his 8th running bill, rather respondent No.3 has to effect some recovery from petitioner from his 8th running bill. Qua petitioner’s 9th running bill, the submission made for these respondents is that petitioner is yet to complete the codal formalities. As soon as he completes these codal formalities, payment due and admissible payment shall be released to him within two weeks. 4 Learned counsel for the petitioner submits that some factual disputes have arisen in the matter, therefore, petitioner be reserved liberty to seek appropriate remedy for the rederessal of his grievances qua release of payments for 1st to 9th running bills. 4. In view of above submissions, this writ petition is disposed of, reserving liberty to the petitioner to seek appropriate remedy for the redressal of his surviving grievances qua release of payments for his 1st to 9th running bills for the work in question. In respect of petitioner’s 9th running bill, it shall be open for him to complete the codal formalities within two weeks. On completion of the same, due and admissible payments shall be released by respondent No.3 as undertaken by them, within two weeks thereafter. Pending application(s), if any, also to stand disposed of. Jyotsna Rewal Dua June 29, 2026 Judge R.Atal