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High Court of Jammu and Kashmir · body

2025 DAILYLAW 3359 (JK)

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

WP(C)/1204/2025 · 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 AND KASHMIR AND LADAKH AT JAMMU Case: WP(C) No. 1204/2025 M/S Expert Drillers and another ….Petitioner/Appellant(s) Through :- Mr. Ajay Bakshi Advocate. V/s UT of Jammu and Kashmir and others Through :- Ms Chetna Manhas Advocate vice Ms. Monika Kohli Sr. AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 1 By this petition, the petitioners herein are seeking a direction upon the respondents to release the admitted liability pertaining to the contract work executed by them. It is prayed that respondents be directed to release an amount of Rs.44,800/-in respect of the work executed by the petitioners for the rejuvenation/redevelopment of mark-II hand pumps by way of redevelopment of 125 mm, diameter boreholes and replacement of accessories, in terms of e-NIT dated 05.11.2020. Additionally, a sum of Rs.44,810 is claimed for another contract work executed under the same e-NIT. The petitioners are also seeking interest at the rate of 10.25% per annum from the date of completion of the said works. 2 The respondents are stated to have issued allotment orders in favour of the petitioners, they being the lowest bidders, for execution of the aforesaid works. The petitioners are stated to have completed the allotted works within the stipulated time and in accordance with the terms and conditions of the allotment 2 orders. Respondent No.4., after inspection and satisfaction with the work, is stated to have taken possession and handed over the sites to the concerned authorities. It is further stated that although the works were completed within time and the boreholes are currently in use by the public in the concerned Panchayat, the payment due to the petitioners has not yet been released. The petitioners are stated to have submitted representations to respondents No. 2 to 4, but the payment continues to be withheld without any justification. 3 Learned counsel for the petitioner submits that the petitioners would feel satisfied, if the respondents are directed to consider the release of the admitted liability withheld by them. 4 Having regard to the prayer made by learned counsel for the petitioners, the instant writ petition is disposed of at its threshold, with a direction to the respondents to consider the claim of the petitioners 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 petitioners to them, subject to verification of the requisite bills. The decision so taken by the respondents shall be conveyed to the petitioners. Disposed of along with all CMs. (MOKSHA KHAJURIA KAZMI) JUDGE Jammu 16.05.2025. Sanjeev