Sr. No.134 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:WP(C) No. 649/2025 CM No. 1545/2025 Mutahir Ahmed Mir S/o Abdul Jabbar Mir R/o Bankoot, Tehsil Banihal, District Ramban. …Petitioner(s)/Appellant(s) Through: Mr. Rajdeep Singh Thakur, Advocate. V/s 1. Union Territory of J&K, Through its Commissioner-cum-Secretary Public Works Department (R&B), Civil Secretariat, Jammu/ Srinagar. 2. Chief Engineer, PWD (R&B) Department, Batote. 3. Executive Engineer, PWD(R&B), Division, Ramban …. Respondent(s) Through: Mr. Ravinder Gupta, AAG. CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 19.03.2025 The petito 01. Through the medium of the instant petition, the petitioner seeks a direction to the respondents to release the balance payment amounting Rs. 37,82,264/- approximately along with interest @18% per annum from the date of accrual of the payment to the petitioner i.e. 15.10.2020 till the realization of the amount for the work executed by the petitioner for construction of road from Kunda to Bhatta via Shaldan by way of Which P/L mm thick SDBC over 50 mm thick bituminous macadam (L=4.00 Km) in Tehsil and District Ramban. 2. Brief facts of the case are that the petitioner was allotted a contract for construction of road from Kunda to Bhatta via Shaldan by way of which P/L 25 mm thick SDBC over 50 mm thick bituminous macadam (L=4.00 Km) in Tehsil and District Ramban vide letter dated 05.05.2020 issued by respondent No. 3 amounting to Rs. 142.23 lacs. 3. The petitioner/contractor has competed the work of Rs. 111.32 lacs within the allotted time and pursuant to that an amount of Rs. 73.00 lacs was released in his favour and balance amount of Rs. 37,82,264/- is pending before the official respondents and is yet to be paid to the petitioner. 4. The petitioner approached the official respondents number of time to pay balance amount of Rs. 37,82,264/- for the work executed by the petitioner but the official respondents always replied to petitioner that due to shortage of funds in the respective head funds could not be released in favour of the petitioner even though the work alloted to the petitioner is completed with satisfaction and respondent No. 3 in its RTI reply dated 10.02.2025 admitted that an amount of Rs. 37,82,264/- is yet to be paid to the petitioner. 5. It is further submitted that petitioner has also filed a representation dated 05.03.2025 before respondent No.3 which is still pending for consideration before him. Hence the petitioner has been compelled to approach this Court seeking the relief above cited. 6. At this stage, learned counsel for the petitioner submits that the petitioner would feel satisfied in case, the instant writ petition is disposed of by directing the respondents to consider and decide his claim within some stipulated period in accordance with the provision of law. 7. Heard. 8. Issue notice to the respondents. 9. Mr. Ravinder Gupta, learned AAG accepts notice on behalf of the respondents. He submits that in case, the petitioner makes a representation before the respondents, the same will be considered strictly in accordance with law. 10. In view of the above, this writ petition is disposed of by providing that in case, petitioner makes a representation before the respondents, the same shall be considered and decided by the respondents strictly in accordance with the provisions of law within a period of three months from the date a copy of this order along with representation as well as copy of the writ petition and its annexure are made available to them. 11. The instant writ petition is, accordingly, disposed of in the aforesaid terms. (VINOD CHATTERJI KOUL) JUDGE Jammu 19.03.2025 Renu Renu Bala 2025.03.24 11:00 I attest to the accuracy and integrity of this document