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2025 DAILYLAW 10003 (JK)

KULDEEP KUMAR v. UT OF J AND K TH COMMISSIONER SECRETARY JAL SHAKTI DEPARTMENT, JAMMU AND OTHERS

WP(C)/2965/2025 · 2025-10-27

Moksha Khajuria Kazmi

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2965/2025 Pronounced on: 27.10.2025 Uploaded on: 28.10.2025 Kuldeep Kumar, Age 56 years S/o Sh. Rasal Chand, R/o Village Durang, Tehsil Billawar, District Kathua .....Applicant(s)/Petitioner(s) Through :- Mr. Raghav Sawhney, Advocate vice Mr. Sachin Gupta, Advocate v/s 1. Union Territory of Jammu and Kashmir Through Commissioner/Secretary Department of Jal Shakti Civil Secretariat, Jammu 2. Chief Engineer Irrigation and Flood Control Department Jammu 3. Superintending Engineer Hydraulic Circle, Kathua 4. Executive Engineer, Flood Control Division, Kathua .....Respondent(s) Through :- Ms. Chetna Manhas, Advocate vice Ms. Monika Kohli, Sr. AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER(ORAL) 1. By this petition, the petitioner herein is seeking a direction upon the respondents to release the admitted liability for the contract works executed by him. He also seeks a direction upon the respondents to pay him an interest at the prevalent rate of 12% on the payments, which are lawfully due to him and which have been duly admitted by Sr. No. 174 the respondents to be paid to the petitioners w.e.f. the date, the payments are due till the payments are finally released in favour of the petitioner. Compensation of Rs. 1.00 Lac has also been sought. 2. The respondents are stated to have issued an allotment for the execution of following works: i. Construction of prot. Work by way of plugging L/S creek of Naj and Bhini river by constructing earthen embankment with pucca toe wall and creates revetment from RD 287 to 430m and the amount of work was Rs. 5,82,855/- (rupees five lac eighty two thousand eight hundred fifty five only). ii. Construction of earthen embankment with pucca toe wall from RD 1125-1350 mtr. and the amount of work was Rs. 4,56,620/- (rupees four lakh fifty six thousand six hundred twenty only). iii. Execution of Crate revetment from RD 287- 311 mtr. and the amount of work was Rs. 31,200/- (rupees thirty one thousand two hundred only). 3. After completion of the allotted works, petitioner raised bills/invoices for the aforesaid works before the official respondents seeking clearance of liability accrued on account of the execution of works duly allotted in favour of the petitioner. However, the payment could not be disbursed in favour of the petitioner because of non-availability of funds. 4. Petitioner is stated to have executed the allotted work within the stipulated period for the completion of the work. The petitioner, it is stated, had also represented before the respondents for release of payment in his favour but despite that the respondents have not released the payment. 5. Petitioner has placed on record copies of certain inter se communications of the respondents and this Court has come across a communication issued by respondent no. 4/Executive Engineer, Flood Control Division, Kathua, in terms whereof, liability statement of the petitioner has been submitted to respondent no. 3. 6. Learned counsel for the petitioner submits that he would feel satisfied if the respondents are directed to consider the release of the admitted liability withheld by the respondents. 7. Having regard to the prayer made by learned counsel for the petitioner, the instant 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 furnished by the petitioner to them subject to verification of the requisite bills. The decision so taken by the respondents shall be conveyed to the petitioner. 8. Disposed of along with all CMs. (Moksha Khajuria Kazmi) Judge JAMMU 27.10.2025 Manik