SHAM DASS v. UT OF J AND K TH COMMISSIONER SECRETARY JAL SHAKTI DEPARTMENT DEPARTMENT JAMMU AND OTHERS
WP(C)/2065/2025 · 2025-08-01
Moksha Khajuria Kazmi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4126 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4126 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP (C) No. 2065/2025
Sham Dass .....Applicant(s)/Petitioner(s)
Through :- Mr. Raghav Sawhney, Advocate
v/s UT of J & K and Ors. .....Respondent(s)
Through :- Mrs. Monika Kohli, Sr. AAG
CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 01.08.2025
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. 1,87,247/- in respect of the work executed by the petitioner for protection work of Syphon RD: 14500M of MTC by way of laying of B.A. wire crates(Part-A), respectively. The petitioner is also seeking interest at the rate of 12% per annum on the said amount from the date of completion of the works.
2. The respondents are stated to have issued allotment orders in favour of the petitioner, he being the lowest bidder, for 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 further stated that although the works were completed within time, the payment due to the petitioner has not yet been released. The petitioner is stated to have submitted several reminders/communications to the respondents, but the payment continues to be withheld without any justification. Sr. No. 65
2
WP (C) No. 2065/2025
3.
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.
4. 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. The said consideration shall be subject to verification of the requisite bills and to the condition that there exists no legal impediment. The decision so taken by the respondents shall be conveyed to the petitioner.
5.
Disposed of along with all CMs.
(Moksha Khajuria Kazmi) Judge
JAMMU 01.08.2025 Manik