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  1. Home/
  2. Library/
  3. High Court Of Jammu And Kashmir/
  4. 2024/
  5. June

M/s Creative League Constructions and Trading vs. Srinagar Municipal Corporation and Ors.

Decided on 28 June 2024• Citation: WP(C)/1348/2024• High Court of Jammu and Kashmir
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                                                      S. No. 19                     
                                                      Supp. Cause List              
               IN THE HIGH C0URT 0F JAMMU  & KASHMIR  AND LADAKH                    
                                  AT SRINAGAR                                       
                               WP (C) No. 1348/2024                                 
                                CM  No. 3663/2024                                   
            M/S  Creative League  Constructions and … Appellant/Petitioner(s)       
            Trading                                                                 
            Through: Mr. Shahbaz Sikander, Adv.                                     
                                       Vs.                                          
            Srinagar Municipal Corporation and Ors.       ...Respondent(s)          
            Through: Mr. Sajad Ashraf, GA vice                                      
                    Mr. Moomin Khan, Adv.                                           
            CORAM:                                                                  
                     MR. JUSTICE WASIM  SADIQ NARGAL,  JUDGE                        
            HON’BLE                                                                 
                                     ORDER                                          
                                    28.06.2024                                      
                      In the instant petition, the petitioner prays for the following
            reliefs:                                                                
                      “In the premises it is, therefore, prayed that the Hon’ble Court
                      be pleased to issue writ of Mandamus, directing the           
                      respondents to release the amount of Rs. 11,32,000/- (Rupees  
                      Eleven Lacs Thirty Two Thousand Rupees only) due to           
                      petitioner for the execution of the work allotted to him in   
                      terms of contract dated 15-05-2017 and supplementary          
                      Agreement dated 14-02-2020 of the writ petition. Annexure I   
                      to the writ petition                                          
                                   .”                                               
            02.       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 treat this writ petition as representation
            on behalf of the petitioner and accord consideration to the same within the
            reasonable time frame.                                                  
            03.       On  the asking of the Court, Mr. Sajad Ashraf, learned GA     
            enters appearance vice Mr. Moomin Khan, learned counsel on behalf of    
            respondents and is 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,

            he submits that the representation of the petitioner would be considered in
            accordance with the rules and as per law occupying the field.           
            04.       Heard learned counsel for the parties at length and perused the
            record.                                                                 
            05.       Without issuing formal notice to the respondents, the present 
            writ petition is taken up for final disposal at this stage with the consent of
            appearing counsel for the parties and is disposed of with a direction to the
            respondents to treat this writ petition as representation on behalf of the
            petitioner and accord consideration to the same 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 respondents are directed to accord
            due consideration to the fact that the payment order of balance payment of
            Rs. 11,32,000/- (Rupees Eleven Lacs Thirty Two Thousand Rupees) is      
            pending in the office of F/A Chief Accounts Officer Srinagar Municipal  
            Corporation since more than three year which is evident from bare perusal of
            Annexure V annexed with the instant petition.                           
            06.        Needless to say that in case the counsel for the petitioner  
            intends to place on record any other document before the respondents, he
            shall be at liberty to do so within a period of one week from today. The order
            of consideration which is likely to be passed be provided to the petitioner
            through registered post                                                 
            07.       Writ petition disposed of along with connected CM in the      
            manner as indicated above                                               
                                 .                                                  
                                                (                   )               
                                                WASIM  SADIQ NARGAL                 
                                                          JUDGE                     
            SRINAGAR                                                                
            28.06.2024                                                              
            Sakeena