V.S. VAREIYO Vs. STATE OF MANIPUR
HIGH COURT OF MANIPUR
STATE OF MANIPUR
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NOBIN SINGH,J. -
(1.) Heard Shri R.S. Reisang, learned Senior Advocate appearing for the petitioner and Smt. Momota Devi Oinam, learned Addl. AG for the State respondents.
(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 to release the security deposit amounting to Rs.3,18,756 (Rupees three lakhs eighteen thousand seven hundred fifty-six) with interest at the rate of 12% per annum.
(3.) According to the petitioner, he is a registered and special contractor by profession and belongs to Tangkhul tribe of Manipur. In the year 2009, the different contract works were awarded to him by the PWD, Manipur for which he deposited security deposits (SD) for a total sum of Rs.3,18,756/-. Although the works were completed in all respects in the year 2009 and 2010, the respondents had failed to refund the same.
[3.1] Being aggrieved by the inaction on the part of the respondents, the petitioner along with some other contractors filed a joint writ petition being WP(C) No.895 of 2016 praying for refund of Rs.6,12,365/- (Rupees six lakhs twelve thousand three hundred and sixty-five) being the security deposits which was disposed of with the direction to the respondents to verify the claims of the petitioners and to issue an appropriate order in accordance with law.
[3.2] In compliance with the said direction, the Superintending Surveyor of Works (SE to CE), the Labour Officer, Ukhrul Division, Government of Manipur issued a 'Clearance Certificate' dated 03.01.2017 in favour of the petitioners and others thereby declaring that the petitioners therein had no due as per record available in his office and that so far as the petitioners are concerned, the condition of contract agreements under Clause 45 had been fulfilled. The Superintending Engineer vide its letter dated 25.04.2017, submitted to the Chief Engineer, PWD the liability statement of the SD-II but no action was taken by the Chief Engineer thereon. After the works having been completed, the security deposits which are in the custody of the respondents, shall have to be returned to the petitioners immediately after the execution of the works is over. ;
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