Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 3370 (JK)

M/S ABROL INFRASTRUCTURES TH AMIT ABROL v. UT OF J AND K TH COMMISSIONER SECRETARY, PUBLIC WORKS (R AND B) DEPARTMENT, JAMMU AND OTHERS

WP(C)/1278/2025 · 2025-05-23

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 WP(C) No.1278/2025 M/s Abrol Infrastructures through its Sole Proprietor Amit Abrol S/o Sh. Vaishno Dass Abrol R/o H.No.180-P, Sector-1, Extension Trikuta Nagar, Jammu-180003, age 42 years. …..Petitioner(s) Through: Mr. Karan Sharma, Advocate Vs 1. Union Territory of Jammu and Kashmir through Secretary PW(R&B) Department, Civil Secretariat, Jammu/Srinagar 2. Commissioner/Secretary Finance Department, Civil Sectt., Jammu/Srinagar 3. Chief Engineer, PW(R&B) Department, Zone Jammu 4. Principal & Dean, Government Medical College, Jammu 5. Executive Engineer PWD(R&B) Const. Division No.II, Jammu 6. Executive Engineer PWD(R&B) Tawi Bridge cum Medical College Division, Jammu 7. Assistant Executive Engineer, PWD (R&B) Electric Sub Division, Jammu .…. Respondent(s) Through: Mr. Ravinder Gupta, AAG Coram: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 23.05.2025 1. By this petition, the petitioner herein is seeking a direction upon the respondents to release the outstanding liability duly admitted by the respondents with respect to the contract works executed by the petitioner. It is prayed that the respondents be directed to release the outstanding payment of Rs.15,15,061.00 along with interest @ 12% per annum from the date of completion of the work. Sr. No. 68 2 2. The respondents are stated to have issued allotment orders bearing, Nos.8124-26 and 8127-29 dated 16th October, 2024, whereby the petitioner has been allotted execution of the work “Electrification to the One Room Multi Storeyed Residential Qtrs (Block-A) on the back side of SMGS Hospital, Jammu (8 No. Qtrs” and “Electrification to the One Room Multi Storeyed Residential Qtrs (Block-B) on the back side of SMGS Hospital, Jammu (8 No. Qtrs)”. The petitioner is stated to have completed the allotted works. The total cost of the work was 20,29,368.00. 3. Respondents are stated to have released an amount of Rs. 5,14,307/- in favour of the petitioner and the outstanding amount of Rs.15,15,061.00 has not been released by the respondents till date. It is also stated that the liability has been admitted by the respondents, which is so reflected in various inter-se communications of the respondents, copies whereof are placed on record. According to the petitioner, several requests have been made to the respondents for release of the outstanding amount. Even, a legal notice has been issued to the respondents thereby calling upon the respondents to release the outstanding amount but all in vain. 4. Petitioner herein is aggrieved of the inaction of the respondents for causing delay in releasing the balance payment due to him for execution of the works duly allotted by the respondents and, as such, is seeking direction upon respondents to release the outstanding amount of Rs. 15,15,061.00. 5. Learned counsel for the petitioner submits that he would feel satisfied if the respondents are directed to consider the case of the petitioner for release of the outstanding amount in his favour. 6. Mr. Ravinder Gupta, learned AAG, on the other hands, states that he is not averse to the proposition made by the learned counsel for the petitioner. 3 7. Be that as it may, having regard to the submission 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 after due verification of the bills of the petitioner as projected in the writ petition, provided there is no legal impediment, and take a decision thereon by passing a speaking order, within a period of two months from the date a certified copy of this Order is made available to the respondents, under rules. The decision so taken by the respondents shall be conveyed to the petitioner. (Moksha Khajuria Kazmi) Judge Jammu 23.05.2025 Vinod, PS Whether the order is reportable: No Vinod Kumar 2025.05.26 09:03 I attest to the accuracy and integrity of this document