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2025 DAILYLAW 14774 (JK)

M/S VETHESTA CONSTRUCTIONS HAFIZ CONSTRUCTIONS THROUGH ITS PROPRIETOR FAYAZ AHMAD ZARGER v. UNION TERRITORY OF J AND K AND ORS. (PMGSY)

WP(C)/1765/2021 · 2025-12-19

Vinod Chatterji Koul

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 75 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(647/2026) IN WP(C) 1765/2021 M/S VETHESTA CONSTRUCTIONS HAFIZ CONSTRUCTIONS THROUGH ITS PROPRIETOR FAYAZ AHMAD ZARGER …Appellant(s)/Petitioner(s) Through: Mr. Rizwan-ul-zaman, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through: Mr. Ilyas Nazir, GA CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 30.03.2026 CM No. 647/2026: 1. By this application, applicant herein is seeking modification/clarification of the judgment dated 19.12.2025, passed by this court with regard to the release of the admitted liability by the respondents. 2. It appears that the petitioner/applicant herein had filed a petition, WP(C) No. 1765/2021, seeking release of the admitted liability and this court, upon consideration of the matter, in terms of the order dated 19.12.2025, directed the respondents to consider the release of the said admitted liability in favour of the petitioner. The applicant is now seeking modification of the said order to the effect that the amount mentioned in the order dated 19.12.2025 is different than the actual admitted liability. The perusal of the record would reveal that the applicant/petitioner had, in fact, made a prayer for release of the amount of Rs. 18,54,844/- , which was subsequently carried forward in the order dated 19.12.2025, sought to be modified by the application in hand. The relevant paragraphs of the order dated 19.12.2025 are taken note of herein: “4. Learned counsel for the petitioner submits that despite numerous representations for the release of the outstanding payment, the respondents have failed to discharge their liability, citing a non- availability of funds as the sole justification for the delay. The petitioner seeks a limited prayer for a direction to the respondents to release the admitted balance amount of Rs. 18,54,844/- within a reasonable timeframe. 6. In view of the consensus between the learned counsel for the parties, this Writ Petition is disposed of at this stage with the following terms: (i) The respondents are directed to accord due consideration to the release of the admitted amount of Rs. 18,54,844/-, strictly in accordance with the governing rules and statutory provisions. (ii) The aforesaid exercise shall be completed by the respondents within a period of two months from the date a certified copy of this order is served upon them.” 3. It is stated by the learned counsel for the petitioner that as per the documents placed on record, the alleged admitted liability is to the tune of Rs. 50,09,277/- as stated at Para 6 of the instant application, however, the amount stated at Paragraph 4 and 6 of the judgment dated 19.12.2025 is stated to have been Rs. 18,54,855/- instead of Rs. 50,09,277/-. 4. Mr. Ilyas Nazir, learned GA for the respondents, states that he has no objection if the respondents are directed only to release the admitted liability, if any, accrued to the petitioner within a reasonable period of time. 5. Be that as it may, since the learned counsel for the respondents has no objection in case the application is allowed and that the error was inadvertently mentioned in the petition and subsequently carried forward in the order, therefore in acceptance of the application, the order dated 19.12.2025 is recast as under: “4. Learned counsel for the petitioner submits that despite numerous representations for the release of the outstanding payment, the respondents have failed to discharge their liability, citing a non-availability of funds as the sole justification for the delay. The petitioner seeks a limited prayer for a direction to the respondents to release the admitted balance amount within a reasonable timeframe. 6. In view of the consensus between the learned counsel for the parties, this Writ Petition is disposed of at this stage with the following terms: (i) The respondents are directed to accord due consideration to the release of the admitted amount, strictly in accordance with the governing rules and statutory provisions. (ii) The aforesaid exercise shall be completed by the respondents within a period of two months from the date a certified copy of this order is served upon them.” 6. This order shall form part of the judgment dated 19.12.2025 passed by this court. 7. CM is disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 30.03.2026 “Misba”