MAYANGLANGBAM KOIRENG SINGH Vs. STATE OF MANIPUR
HIGH COURT OF MANIPUR
Mayanglangbam Koireng Singh
STATE OF MANIPUR
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KH.NOBIN SINGH -
(1.) Heard Shri M. Devananda, learned Advocate appearing for the petitioner; Shri H. Kenajit, learned Advocate appearing for the MDS; Shri Niranjan Sanasam, learned Government Advocate appearing for the State respondents and Shri S. Samarjt, learned CGC appearing for the Union of India.
(2.) By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents for payment of undisputed bill amounting to Rs. 2,28,07,012/- (Rupees two crore twenty eight lakh seven thousand and twelve) only with an interest of 18% per annum from the date of completion of the work.
3.1 According to the petitioner, in the year 2013, the Under Secretary to the Government of India wrote a letter dated 30-08-2013 to the Principal Accounts Officer, Ministry of Civil Aviation and Tourism, Government of India conveying sanction for an amount of Rs. 478.15 lakh (Rupees four hundred seventy eight lakh and fifteen thousand) for a project called 'the Integrated Tourist Destination at Kakching Garden, Thoubal District, Manipur'. The said work was to be executed by the State of Manipur through the Manipur Development Society, a registered society.
3.2 A NIT was issued inviting bids from amongst the eligible bidders and after the process of tender being completed, the petitioner was awarded the contract vide work order dated 25-09-2020. The petitioner executed the work in the year, 2014 because of which the Deputy Secretary (Tourism), Government of Manipur wrote a letter dated 23-06-2014 to the Director (ENE Division), Ministry of Tourism, Government of Manipur submitting utilization certificates in respect of seven projects for further release of installments including that of the above work. Accordingly, the Ministry of Tourism, Government of India released an amount of Rs.30 crore for clearing all the liabilities in respect of the said seven projects. After the work having been executed by the petitioner, the Executive Engineer, Manipur Development Society issued a liability settlement for an amount of Rs. 2,28,07,012/- (Rupees two crore twenty eight lakh seven thousand and twelve).
3.3 There appears to be no any dispute as to the completion of the work by the petitioner and the work was executed by him to the satisfaction of the authorities. But the respondents have not taken any action for releasing the amount due to the petitioner. Being aggrieved by the inaction on the part of the respondents, the instant writ petition has been filed by the petitioner for releasing the said undisputed amount. ;
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