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High Court of Jammu and Kashmir · body

2025 DAILYLAW 2728 (JK)

M/S EXPERT DRILLERS TH NAVNARESH JHANWAR AND ANOTHER v. UT OF J AND K TH COMMISSIONER SECRETARY JAL SHAKTI DEPARTMENT JAMMU AND OTHERS

WP(C)/713/2025 · 2025-03-25

Vinod Chatterji Koul

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 150 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) No. 713/2025 M/S Expert Drillers and anr. …Petitioner(s) Through: Mr. Ajay Bakshi, Advocate V/s UT of J&K and others ... Respondent(s) Through: Ms. Sagira Jaffar, Assisting Counsel to Ms. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 25.03.2025 01. In this petition, petitioners have claimed the following reliefs reads as under:- i) Writ of mandamus directing the respondents to make the payment of Sum of ₹3,26,738/- which is lawfully due to the petitioners consequent to the execution of the work allotted to him for deep drilling of 125 mm dia bore holes by using ODEX method including installation, testing, commissioning of mark-II handpumps as per IS specification in Basholi Constituency of District Kathua (CDF-Ch. Lal Singh) in view of e-NIT No. GWD/15 of 2018-19 dated 04.04.2018 and further to make the payment of sum of ₹4,19,994/- which is lawfully due to the petitioners consequent to the execution of the work allotted to him for deep drilling of 125mm dia bore holes by using ODEX method including installation, testing and commissioning of Mark-II hand pumps and construction of platforms at Kathua on Turnkey basis (EPC) under District 2 WP(C) No. 713/2025 Capex Budget 2021-22 (under PRI, DDC Grants) in view of e-NIT No. GWD/120 of 2021-22 dated 20.10.2021. ii) Further writ of mandamus, directing the respondents to ensure the payment of work executed by the petitioners along with interest over the said amount @10.25% per annum from the date of the completion of work/handing over the site. 02. Learned counsel for the petitioners submits that respondent No. 4 has admitted that the petitioners have executed the work. It is further stated that the petitioners have performed their work upto the entire satisfaction of the respondents within time and submitted the bills which were cleared by the respondent No.4 but they has failed to release the amount due to them on account of execution of works. 03. Ms. Sagira Jaffar, assisting counsel to Ms. Monika Kohli, Sr.AAG, appearing for the respondents, submits that the bills which the petitioners are claiming are required to be verified and in case they are found to be correct on verification, necessary orders with regard to the release of the amount shall be passed. 04. Learned counsel for the petitioners submits that he would be satisfied if this petition is disposed of at this stage by directing the respondents to consider the claim of the petitioners and release the amount, if found due in their favour. 05. Having regard to the submission made by learned counsel for the parties, this petition is disposed of at this stage by observing that the respondents shall verify the claim of the petitioners put forth by them in this writ petition and decide their claim after hearing them and in the event, on verification, the amount is found 3 WP(C) No. 713/2025 due, the same shall be released after completing the codal formalities in accordance with the provisions of law. 06. The process shall be concluded within a period of three months from the date a copy this order is served upon the respondents by the petitioners’ counsel. 07. Disposed of, accordingly. (VINOD CHATTERJI KOUL) JUDGE Jammu 25.03.2025 AKHILESH