ABDUL AZIZ MALIK v. UT OF J AND K THROUGH COMMISSIONER SECRETARY TO GOVT AND OTHERS
WP(C)/2269/2023 · 2025-05-26
Mohd Yousuf Wani
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 4289 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 4289 (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. 2269/2023
Abdul Aziz Malik …..Petitioner(s)
Through: Mr. Rishab Vaid, Advocate
Vs
UT of J&K and Ors.
.…. Respondent(s)
Through: None.
Coram: HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER 26.05.2025
1. Through the medium of the instant petition filed under the Provisions of Article 226 of the Constitution of India, the petitioner has sought the issuance of direction/writ in the nature of mandamus for commanding the respondents to release in his favour an amount of Rs.40,27,476/- (Rs. Forty lacs, twenty seven thousand four hundred and seventy six only), on account of the admitted liability against allotted works executed by him satisfactorily with 12% interest from the due date of the said payment up to the actual payment thereof.
2. The case of the petitioner in nutshell is that he is a contractor by profession who has been working since long with the Department of respondents and has executed so many works allotted to him to the best satisfaction of the respondents. That in the year 2016, the respondents have allotted different construction works vide allotment order Nos. 7071-77 dated 8.11.2026 and 7086-92 dated 8.11.2026 to him, which were to be executed in connection with Harni to BG road in Mendhar. That after the Sr. No. 17
2
execution of the said allotted works by him, the measurement of the work was done by the respondents and entered into the measurement Book. That work done estimate was also prepared and incorporated in the M. Book subsequent to which a final bill was also prepared. That the final bill for an amount of Rs.40,27, 476/- in respect of the works executed by him was not however, released in his favour despite his repeated reminders/representations. That the respondents have never disputed his claim for the said amount as being his legally justified payment.
3. In the facts and circumstances of the case, this court is of the opinion that matter can be disposed of even at this thresh-hold stage by passing of appropriate orders which will not prejudice the interests/rights of the respondents.
4. Accordingly, the instant petition is disposed of with the direction to the respondents to make payment of the amount due to the petitioner on account of the execution of works by him and covered under allotment orders 7071-77 dated 8.11.2016 & 7086/92 dated 8.11.2016, along with interest admissible under rules within a period of eight weeks from the date, copies of this order are left at their offices.
5. Dispose of.
(Mohd. Yousuf Wani) Judge Jammu 26.05.2025 Ayaz