M/S UMAR ELECTRICALS SRINAGAR v. UNION TERRITORY OF J AND K AND ORS. (POWER DEVELOPMENT / KPDCL)
WP(C)/2543/2025 · 2025-10-28
Wasim Sadiq Nargal
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 10362 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 10362 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 3 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR …
WP(C) 2543/2025 CM(6739/2025)
M/S UMAR ELECTRICALS SRINAGAR THROUGH ITS PROP UMAR HUSSAIN RESHI, S/O MOHAMMAD HUSSAIN RESHI, R/O SHAH KADAL, SAFA KADAL, SRINAGAR ……...Petitioner(s) Through:
Mr. Waqal ul Haq Khan, Adv.
Versus
1. UNION TERRITORY OF J AND K TH. COMMISSIONER SECRETARY POWER DEV.
DEPARTMENT, CIVIL SECRETARIAT SRINAGAR/JAMMU.
2. CHIEF ENGINNER, PROJECTS KPDCL, SRINAGAR.
3. CHIEF ENGINEER, (D) KPDCL, SRINAGAR.
4. SUPERINTENDING ENGINEER O&M (KPDCL) NORTH CIRCLE SOPORE, BARAMULLA.
5. EXECUTIVE ENGINEER KPDCL DIVISION KUPWARA. .……Respondent(s) Through: Mr. Alla ud din Ganai, AAG with Ms. Shaila, AC.
CORAM:
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER 28.10.2025
1. Mr. Waqar ul Haq Khan, learned counsel appearing on behalf of the petitioner submits that the issue in question is covered by the
judgment passed by this court in case titled as “M/S Saint Soldier Engineer and Contractor Pvt. Ltd. Th. Its Director Sham Singh Jamwal Age 66 yrs S/o Sh. Sardar Singh Jamwal, R/o B. P. 159, Channi Himmat, Jammu Vs. UT of J&K Th. Commissioner/Secretary to Govt. PWD (R&B) Department, Jammu & Ors.” decided on 26.09.2025 and accordingly he prays that the instant petition be also
disposed of on the same lines within some reasonable period to which
Mr. Alla ud Din Ganai, learned AAG appearing on behalf of the respondents is not averse.
2. Learned counsel for the petitioner has also drawn the attention of this court to the latest communication dated 08.07.2025 issued by the respondents which has been placed on record as Annexure VIII, whereby the concerned Executive Engineer KPDCL Kupwara to Chief Engineer KPDCL Srinagar has admitted the liability of the respondent towards the petitioner, a perusal whereof, reveals that the respondent owe an amount of Rs. 45,44,600/- (Rupees Forty Five lacs Forty Four thousand and Six Hundred) towards the petitioner with respect to the works which has been executed by the petitioner, the details of which finds mentioned in the instant petition.
3. With the consent of learned counsel for the parties, the instant petition is taken up for disposal at this stage by directing the respondents 2 and 3 to take a decision regarding the release of the admitted liability in favour of the petitioner strictly under rules and as per law and in the light of what has been held by this court in case titled as “M/S Saint Soldier Engineer and Contractor Pvt. Ltd. Th. Its Director Sham Singh Jamwal Age 66 yrs S/o Sh. Sardar Singh Jamwal, R/o B. P. 159, Channi Himmat, Jammu Vs. UT of J&K Th. Commissioner/Secretary to Govt. PWD (R&B) Department, Jammu & Ors.” decided on 26.09.2025 within a period of six weeks from the date copy of this writ petition along with its Annexures and also copy of this order are made available to the said respondents, provided
there is no legal impediment in doing so. The decision which is likely to be taken be forwarded to the petitioner through registered post.
4. It is made clear that if the amount by way of admitted liability is not released in favour of the petitioner within the time granted by this court, the petitioner will be entitled to interest @ 6% from the date the said amount was payable and denied by the respondents and the interest component shall be paid by the officer on whose account delay occurs.
5. Disposed of.
(WASIM SADIQ NARGAL) JUDGE
Srinagar 28.10.2025 Sakeena-PS