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2025 DAILYLAW 2682 (JK)

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

WP(C)/651/2025 · 2025-03-18

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 651/2025 CM No. 1548/2025 Mir Hussain …..Appellant(s)/Petitioner(s) Through: Mr. H. R. Qureshi, Advocate. vs UT of J&K and others .…. Respondent(s) Through: Ms. Nisha Kangotra, Advocate vice Mr. Ravinder Gupta, AAG. Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 18.03.2025 ORAL 1. The petitioner has filed the present writ petition seeking a direction upon the respondents to release an amount of Rs. 11,66,852/- along with interest in his favour. 2. As per case of the petitioner he was allotted work contract for construction of cement concrete R/wall on Thruoo to Budhan Ph-III in Km 3rd RD 0-1000 pursuance to e-NIT No. 44 of 2015-16 dated 15.12.2015. According to the petitioner, he started execution of work in December 2017 and it was completed in the year 2018-19. It has been further submitted that on account of cost of the work executed by the petitioner, the respondent No. 4 vide Form No. 25 has admitted liability to the tune of Rs. 11,66,852/- and this is also reflected in the measurement book. 3. The petitioner is stated to have approached the respondent No. 4 for release of his dues and submitted representations dated 14.08.2021 and Serial No. 128 2 WP(C) No. 651/2025 10.04.2023 before the respondents, but till date the outstanding amount has not been released in his favour. Hence the present writ petition. 4. Issue notice to the respondents. 5. Ms. Nisha Kangotra, Advocate appearing vice Mr. Ravinder Gupta, learned AAG accepts notice on behalf of the respondents. 6. Learned counsel for the petitioner has submitted that the petitioner would feel satisfied if a direction is issued to the respondents to release the admitted liability in his favour within some specified time frame. 7. In view of the above, the present writ petition is disposed of along with the connected application with a direction to the respondents to consider the claim of the petitioner in accordance with law and if after according consideration, any amount is found due to the petitioner, the same shall be released in his favour most expeditiously. The consideration shall be accorded by the respondents within a period of two months from the date a certified copy of this order is made available to the respondents. 8. Disposed of along with the connected application. (SANJAY DHAR) JUDGE Jammu 18.03.2025 Sahil Padha Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. Sahil Padha 2025.03.18 15:33 I attest to the accuracy and integrity of this document