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2025 DAILYLAW 13934 (JK)

M/S RAKESH KUMAR MALIA TH RAKESH KUMAR MALIA v. UNION OF INDIA TH SECRETARY DEFENCE NEW DELHI AND OTHERS

WP(C)/450/2025 · 2025-02-28

Moksha Khajuria Kazmi

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. 450/2025 M/S Rakesh Kumar Malia and others ..... petitioners) Through :- Mr.M.K.Sharma Advocate V/s UOI and others .....Respondent(s) Through :- Coram: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 1 By this petition, the petitioners herein are seeking a direction upon respondents to release the admitted liability of the contract works executed by the petitioners. It is prayed that respondents be directed to release an amount of Rs. 55,22,623/- along with interest accrued thereon from the date of completion of works under Contract Agreements Nos. GE/AFJ-20/2022-23, GE/AFJ-24/2022-23 GE/AFJ-26/2022-23 CWEAFJ-07/2022/23, and GE/AFJ- 11/2023-24 in their favour. 2 The respondents are stated have issued allotment orders for the project involving the repair of monsoon drains, grass cutting, joint filling, DTGM link boards, painting, and miscellaneous repairs at Air field, Jammu under GE(AF) Jammu; repair/maintenance of B/R Complaint related works in the Tech Area and Kaluchak at AF Station, Jammu under GE(AF) Jammu; repair/cleaning and replacement to sewage lines, septic tanks and soak wells in the Tech Area of Jammu and AFS Kaluchak under GE(AF) Jammu; special repair to certain married accommodation (SMQS) at AF Station, Jammu; repair of flooring, plumbing work, joinery, cupboards and miscellaneous repair works in the domestic area at AF Station, Jammu under GE(AF) Jammu, etc. The Petitioner is stated to have completed the aforesaid works, and the sites were handed over to the Department. Accordingly, the certificates of Sr. No. 116 2 completion were also issued in favour of the petitioners by the Department, stating that the works were satisfactorily completed by the petitioners. However, despite the successful completion of the aforesaid works as per the contract and the issuance of completion certificates, the respondents have failed to release the admitted amount due to the petitioners . 3. Learned counsel for the petitioners submits that he would feel satisfied if the respondents are directed to consider the release of the admitted liability withheld by the respondents. 4. Heard learned counsel for the petitioners and perused the material on record. In view of the innocuous prayer made by the petitioners, this writ petition can be disposed of at its threshold without issuing notice to the respondents, with a direction to them to consider the claim of the petitioners 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, along with a copy of the writ petition and the annexures attached thereto, is furnished by the petitioners to them, subject to verification of the requisite bills. Ordered accordingly. The decision so taken by the respondents shall be conveyed to the petitioners. 5. Disposed of along with all CMs. (MOKSHA KHAJURIA KAZMI) JUDGE Jammu 28.02.2025 Sanjeev Whether order is reportable Yes/No