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2025 DAILYLAW 3241 (JK)

PANKAJ SHARMA v. UT OF J AND K TH COMMISSIONER SECRETARY JAL SHAKTI DEPARTMENT JAMMU AND OTHERS

WP(C)/1205/2025 · 2025-05-16

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 Case: WP(C) No. 1205/2025 Pankaj Sharma …. Petitioner(s)/Appellant(s) Through:- Mr. Sachin Gupta, Advocate V/s UT of J&K and ors. …..Respondent(s) Through:- Ms. Chetna Manhas, assisting counsel to Ms. Monika Kohli, Sr.AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 16.05.2025 1 By this petition, the petitioner herein is seeking a direction upon the respondents to release the admitted liability pertaining to the contract works executed by him. It is prayed that respondents be directed to release an amount of Rs.77,80,192/- in respect of the works executed by the petitioner, namely: (i) Improvement of the damaged fall of D-1 of the Main Kathua Canal at RD 200 M; and, (ii) Construction of a concrete check dam and allied works (balance work) for the Water Storage Scheme at Wajoo Nallah, Village Khokhyal, Tehsil and District Kathua. 2 The petitioner is also seeking interest at the rate of 12% per annum on the aforesaid amount from the date of completion of the said works. It is pertinent to mention here that the cost of the work regarding construction of the concrete check dam was Rs.1,74,16,500/-, out of which Rs.1,00,84,986 has already been released in favour of the petitioner. In addition, the petitioner is also seeking compensation of Rs.1.00 lac from the respondents on the ground that he has suffered immense hardship due to the non-payment by the respondents -2- 3 The respondents are stated to have issued allotment orders in favour of the petitioner, he being the lowest bidder, for the execution of the aforesaid works. The petitioner is stated to have completed the allotted works within the stipulated time and in accordance with the terms and conditions of the allotment orders. It is stated that although the works were completed within time, the payment due to the petitioner has not been released. The petitioner is stated to have approached the respondents repeatedly, but the payment continues to be withheld without any justification. 4 Learned counsel for the petitioner submits that the petitioner would feel satisfied, if the respondents are directed to consider the release of the admitted liability withheld by them. 5 Having regard to the prayer made by learned counsel for the petitioner, the instant writ petition is disposed of at its threshold, with a direction to the respondents to consider the claim of the petitioner 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 is furnished by the petitioner to them, subject to verification of the requisite bills. The decision so taken by the respondents shall be conveyed to the petitioner. Disposed of along with all CMs. (MOKSHA KHAJURIA KAZMI) JUDGE Jammu 16.05.2025 AKHILESH Whether the order is reportable: Yes/No