M/S KOHLI CONSTRUCTION TH PROPRIETOR MOHD MUNSHI v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVT. POWER DEVELOPMENT DEPARTMENT AND OTHERS
WP(C)/3172/2025 · 2025-11-14
Moksha Khajuria Kazmi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12835 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12835 (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. 3172/2025
Date of pronouncement: 14.11.2025 Date of uploading : 17.11.2025
M/s Kohli Construction through Proprietor Mohd. Munshi, Age 35 years, S/o Bashir Ahmed R/o Shakari Tehsil Chansana District Reasi, at present Ramzanpura Near Eidgah Janipur, Jammu
.....Applicant(s)/Petitioner(s)
Through :- Mr. Ajaz Chowdhary, Advocate
v/s
1. UT of J & K through Commissioner/Secretary to Govt. Power Development Department.
2. Managing Director, Jammu Power Distribution Cooperation Ltd. Gladni Narwal Jammu.
3. Executive Engineer, Elect. Division JPDCL Kishtwar
4. Executive Engineer, Special Sub Divison Gundoh Kishtwar.
.....Respondent(s)
Through :- Ms. Chetna Manhas, Advocate vice Mr. Raman Sharma, 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 payment to the tune of Rs. 27,82,663/- in favour of the petitioner along with interest @24% per annum.
2. The respondents are stated to have issued an allotment order dated 30.01.2025 for the execution of following works: i. SITC as per REC standards for creation of Sub Stations for WSS Kote Top (lift) Sr. No. 123
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ii. WSS Kuluthan (lift) in Bilaesar area and intermediatory stage iii. WSS Batogra in Thathri under JJM scheme in respect of Electric Division JPDCL Kishtwar on turnkey basis.
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 copy of legal notice sent to The Executive Engineer, Electric Division JPDCL, Kishtwar.
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
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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 14.11.2025 Manik
Whether this order is speaking: yes/no Whether this order is reportable: yes/no