MOHD ASHRAF BHAT v. UT OF J AND K TH PRINCIPAL SECRETARY, PUBLIC WORKS (R AND B) DEPARTMENT, JAMMU AND OTHERS
WP(C)/2969/2025 · 2025-10-27
Moksha Khajuria Kazmi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10284 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10284 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP (C) No. 2969/2025 Pronounced on: 27.10.2025 Uploaded on: 28.10.2025
Mohd. Ashraf Bhat, Age 45 years S/o Sh. Lassa Bhat R/o Chainyas Tehsil Chilli Pingal, District Doda
.....Applicant(s)/Petitioner(s)
Through :- Mr. Iqbal Hussain Bhat, Advocate
v/s
1. UT of J & K through Principal Secretary to Govt. PW (R&B) Department, Civil Secretariat, Jammu/Srinagar
2. Chief Engineer, PW (R&B) Department, Batote.
3. Executive Engineer, PW (R&B) Department, Sub-Division Gandoh, Bhalessa
4. District Development Commissioner, Doda.
.....Respondent(s)
Through :- Ms. Pallavi Sharma, Advocate vice Mr. Ravinder Gupta, 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 market rate of 12% on the payments which are lawfully due to the petitioner and wich have been duly admitted by the respondents, to be paid to the petitioners w.e.f. the date, the payments are due till the payments became finally Sr. No. 175
released in favour of the petitioner and further pay the compensation of Rs. 1.00 Lac to the petitioner.
2. The respondents are stated to have issued an allotment order for the execution of following works: i. Restoration of Thatri-Kilothran Road damaged due to flash flood/landslides and the cost of work was Rs. 21,57,600/- (rupees twenty-one lacs and fifty-seven thousand.
3. After completion of the allotted works, petitioner raised bills/invoices for the aforesaid works before the official respondents seeking clearance of the liability accrued on account of the execution of the works duly allotted in favour of the petitioner, however, the payment could not be disbursed to the petitioner.
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 communication issued by respondent no. 3/Executive Engineer, PW (R&B) Department, Sub-Division Gandoh, Bhalessa in terms whereof liability statement of the petitioner has been submitted to respondent no. 4.
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