Serial No.14
Regular Causelist
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 2849/2022
M/S S. F. Enterprises Petitioner(s)
…
Through: Mr. Shariq J. Reyaz, Advocate.
Vs.
Union Territory of J&K and Others. ...Respondent(s)
Through: Mr. Syed Musaib, Dy. AG vice
Mr. Mubeen Wani, Dy. AG for R-1
Ms. Shaila Shameem, Assisting Counsel vice
Mr. Alla Ud Din Ganai, AAG for R-2 to 6.
CORAM:
. JUSTICE WASIM SADIQ NARGAL, JUDGE.
HON’BLE MR
ORDER
31.01.2024
01. In the instant writ petition filed under Article 226 of the
Constitution of India, the petitioner is inter alia praying for the following
reliefs:
“Writ in the nature of Mandamus or any other appropriate Writ
commanding the Respondents in particular Respondents 2 to 6 to
pay and/or cause to pay, in in due discharge of the liability
incurred towards the Petitioner Firm amounting to a total of Rs.
17.8 lacs for supply of allied material essential for restoration of
electricity in District Kupwara following the damage caused to
the Electrical HT/LT Lines as also the electrical devices meant
for the smooth transmission of electricity due to heavy
th th
snowfall/rains in district Kupwara on 6 /7
of November, 2019.”
02. The short grievance projected by the petitioner in this petition is
that the Petitioner Firm is engaged in the business of executing Electrical
Contracts including Government Contracts in the nature of repair/restoration
of damaged electrical lines and transformers and have undertaken and
executed successfully the various Contract awarded by the Government from
time to time. The learned counsel for the petitioner submits that in view of
th th
untimely snowfall in the District Kupwara on 6 and 7 November, 2019,
the electrical HT/LT lines as also the transmission devices meant for
delivery transmission of electricity to the inhabitants of District Kupwara
suffered massive damage, resulting in snapping of electricity in the entire
area. The learned counsel further submits that an Electronic Notice Inviting
Tender (e-nit) was floated by the respondent department for restoration of
damaged electrical lines and consequently, vide allotment Order bearing No.
th
EDK/Ts/1931-34 dated 4 November, 2019 and Order bearing No.
th
EDK/Ts/3321-34 dated 30 March, 2020, work for restoration of the electric
in District Kupwara was allotted to the Petitioner Firm.
03. The learned counsel for the Petitioner Firm submits that the
Petitioner Firm supplied all the essential allied material meant for the
restoration of the electricity in the district Kupwara and, as such, the
Respondent Corporation was duty bound in law to disburse/release the
admitted amount of Rs. 17.8 lacs towards the Petitioner Firm, however,
Respondent Corporation failed to release/disburse the said amount in favour
of the Petitioner Firm despite repeated requests for releasing/disbursing the
same, leaving the Petitioner Firm with no other option but to approach this
Court for redressal of its genuine grievance.
04. At the motion, this Court while issuing notice in terms of order
th
dated 16 December, 2022, directed the respondents to consider the claim
of the petitioner for making the requisite payments, in case due to the
petitioner.
05. The respondents appeared in the matter and filed their reply, in
which they have taken a specific stand in Para 2(E) and 2(F), which for the
purpose of reference are reproduced below:
2(E) That it is respectfully submitted that the office of Executive
Engineer, Electric Division- Kupwara has written many letters to
District Development Commissioner, Kupwara for releasing of
liability on account of contractors but the payment is still
pending.
2(F) That as and when the balance liability will be released by
the concerned authority the same will be released in favour of
contractors who have done the actual work and have followed
due procedures of norms governing the field.
”
06. The learned counsel appearing on behalf of petitioner submits that
he would feel satisfied if this writ petition is disposed of at this stage with a
direction to the respondents to accord consideration to the claim of the
petitioner as projected in the writ petition, within the reasonable time frame.
07. The learned counsel appearing for the respondents are not averse to
the disposal of the present petition at this stage or else to the prayer made by
the counsel for the petitioner. However, they submit that the case of the
petitioner would be considered in accordance with the rules and as per law
occupying the field.
08. With the consent of the learned counsel appearing for the parties,
the instant writ petition is taken up for final disposal and is disposed with a
direction to the respondents to accord consideration to the case of the
petitioner for release of an amount of Rs. 17.8 lacs, strictly in conformity
with the rules and as per law within a period of six weeks, from the date
copy of the writ petition along with its annexures as also a copy of this order
is made available to the respondents. The order of consideration which is
likely to be passed be provided to the learned counsel for the petitioner by
registered post. It is made clear that if the amount in question is not released
in favour of the petitioner within the aforesaid period, then the petitioner will
be entitled to the interest component @ 6% from the date the said amount
was due and not paid to the petitioner and same will be recovered from the
pocket of the respondent at whose remissness the delay occurs.
09. Writ petition disposed of along with connected CM(s).
(WASIM SADIQ NARGAL)
JUDGE
SRINAGAR:
31.01.2024
“Hamid”