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High Court of Jammu and Kashmir · body

2025 DAILYLAW 1267 (JK)

PYAR SINGH v. UT OF J AND K TH COMMISSIONER SECRETARY, PUBLIC WORKS (R AND B) DEPARTMENT, JAMMU AND OTHERS

WP(C)/727/2025 · 2026-07-27

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 727/2025 CM No. 1761/2025 Pyar Singh …..Appellant(s)/Petitioner(s) Through: Mr. Sandeep Singh, Advocate vs UT of J&K and ors. .…. Respondent(s) Through: Ms. Pallavi Sharma, Advocate vice Mr. Ravinder Gupta, AAG Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 27.07.2026 1. The petitioner was allotted work in terms of allotment No. 22696-97 dated 24.01.2022 for construction of Supervisor/Duty In-Charge room and staff rest room on the first floor of Oxygen Generation Plant (OGP) at District Hospital, Ramban for an amount of Rs. 12.91 Lacs. 2. The petitioner claims to have executed the above mentioned work and thereafter, an amount of Rs. 9.18 Lacs was also released in favour of the petitioner. When the balance amount was not released by the respondents, the petitioner filed the present writ petition for commanding the respondents to release an amount of Rs. 3.73 Lacs along with interest @9% per annum by placing reliance upon communication dated 30.01.2025 addressed by respondent No. 2 to respondent No. 3. 3. The respondents in turn have come up with the response, thereby admitting the allotment of work to the petitioner. They have also admitted that out of Rs. 12.91 Lacs, an amount of Rs. 9.18 Lacs stands already released in favour of the petitioner and regarding outstanding Serial No. 34 2 WP(C) No. 727/2025 amount of Rs. 3.73 Lacs, it is stated that respondent No. 2 has repeatedly corresponded with the Executive Engineer, Mechanical Division, Doda for release of the funds. It is the further stand of the respondents that the Superintending Engineer, Mechanical & Hospital Circle, Jammu vide communication dated 17.12.2024, has requested the Mission Director, NHM, J&K to place an amount of Rs. 3.73 Lacs at his disposal for further release in favour of the petitioner. 4. Heard learned counsel for the parties. 5. The sole contention raised by Ms. Pallavi Sharma, Advocate is that an amount of Rs. 3.73 Lacs is to be released by the Mission Director, NHM, J&K for its further release in favour the petitioner. The work has been allotted to the petitioner by the respondents only and there is no privity of contract between the petitioner and Mission Director, NHM, J&K. 6. In view of categoric admission on the part of the respondents with regard to payment of Rs. 3.73 Lacs, the present petition is disposed of by directing the respondents to release an amount of Rs. 3.73 Lacs in favour of the petitioner within a period of three months along with interest @6% per annum from the date of filing of this petition till the amount is released in favour of the petitioner. 7. Disposed of. 8. (RAJNESH OSWAL) JUDGE Jammu 27.07.2026 Neha-II Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No NEHA KUMARI 2026.07.27 16:52 I attest to the accuracy and integrity of this document