Sr. No.168
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No.2354/2024
CM No.5736/2024
Ajay Sharma Petitioner/Appellant(s)
…..
Through: Mr. Rajiv Kumar Sharma, Advocate
Vs
Union Territory of J&K and others
.…. Respondent(s)
Through: Mr. Amit Gupta, AAG
Coram: S. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
HON’BLE M
ORDER
30.09.2024
By this petition, the petitioner herein is seeking a direction upon the
respondents to release the admitted liability of the contract works executed by
the petitioner. It is prayed that the respondents be directed to release the
outstanding payment of Rs.8,64,000.00 along with interest @ 18% per annum
from the date of completion of the work.
2. The respondents are stated to have engaged the petitioner for execution
of following works:-
i) Restoration of MTC by way of pitching/Grouting/Lining and
removal of Mulba silt at RD 14430 mtr.; and
ii) Restoration of pitching/grouting at RD14400m and including
clearance of mulba from RD 14100 mtr. Of MTD; and
iii) Restoration of MTC by way of pitching/grouting/lining and
removal of mulba silt at RD 14430 mtr of MTC.
The petitioner is stated to have completed the allotted all the three
works. The petitioner claims to have approached the respondents for release of
the amount due to him but he has got nothing except assurance from the
respondents that the amount will be released after arrangement of funds.
3. Petitioner herein is aggrieved of the inaction of the respondents for
causing delay in releasing the payment due to him for execution of the works
by him and, as such, is seeking a direction upon respondents to release the
outstanding amount of Rs. 8,64,000/-.
4. It is stated that after completion of the works, petitioner submitted bills
to the concerned authorities. Petitioner has placed on record copies of the
bills/vouchers submitted to the respondents, perusal whereof reveals that
vouchers have been endorsed by the respondents.
5. Learned counsel for the petitioner submits that he would feel satisfied if
the respondents are directed to consider the case of the petitioner for release of
the outstanding amount of Rs. 8,64,000/- in his favour.
6. Mr. Amit Gupta, AAG, learned counsel appearing for the respondents,
states that he would not be averse to the proposition made by the learned
counsel for the petitioner.
7. Having regard to the prayer made by learned counsel for the petitioner,
the instant writ petition is disposed of at its threshold, with a direction to the
respondents to consider the claim of the petitioner as projected in the writ
petition and take a decision thereon within a period of two months from the
date a certified copy of this Order is made available to the respondents subject
to verification of the requisite bills under rules. The decision so taken by the
respondents shall be conveyed to the petitioner.
(Moksha Khajuria Kazmi)
Judge
Jammu
30.09.2024
Vinod, PS
Whether the order is reportable: Yes/No
Vinod Kumar
2024.10.04 10:18 2
WP(C) NO.2354/2024
I attest to the accuracy and
integrity of this do cument