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2025 DAILYLAW 5466 (JK)

SUNIL CHOUDHARY v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVT IRRIGATION AND FLOOD CONTROL DEPT AND OTHERS

WP(C)/3095/2024 · 2025-01-01

Sindhu Sharma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 45 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3095/2024 Sunil Choudhary …. Petitioner/Appellant(s) Through:- Mr. Jagpaul Singh, Advocate V/s Union Territory of J&K & ors. …..Respondent(s) Through:- Mrs. Monika Kohli, Sr. AAG CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 01.01.2025 01. The petitioner seeks a direction to the respondents to release the payment of the petitioner of Rs. 1,34,415/- (Rs. One Lakh Thirty-four Thousand Four Hundred and Fifteen Only), which is due to him, on account of the execution of the work namely "Re-construction of damaged culvert at RD 1380 Mtr on Samka Minor of D-10A", and also sought a direction to the respondents to release the payment of the petitioner of Rs. 1,58,276/- (Rs. One Lakh Fifty-Eight Thousand Two Hundred and Seventy Six Only) which is due to him, on account of the execution of the work namely "construction of T-Xing at RD 10724 Mtr of D-l0 of Ranbir Canal", along with interest @ 7.5% Per annum from the date of completion of the said work till its realization. 02. The short grievance of the petitioner is that he has executed both the works to the entire satisfaction of the respondents and completed the same successfully. After successful execution of the work, respondents issued Form-25 which reveals that respondents accepted the same to be true and correct to the tune of Rs. 1,34,415/- and Rs. 1,58,276/-. 2 03. The submission of the petitioner is that he is entitled to receive an amount of Rs. 1,34,415/- and Rs. 1,58,276/- respectively for the execution of aforesaid works, accordingly, he has approached respondents number of times for release of admitted amount due to him. On 04.10.2024, the petitioner also served a legal notice upon the respondents for release of the said amount. However, despite repeated requests made by the petitioner, the respondents have not released the same till date. 04. Mr. Jagpaul Singh, learned counsel for the petitioner submits that the petitioner would feel satisfied if the writ petition is disposed of at this stage itself by directing the respondents to consider the claim of the petitioner for release of admitted liability/amount withheld by the respondents without any valid reason. 05. Keeping in view the prayer made by the learned counsel for the petitioner, this petition is disposed of at the threshold by directing the respondents to consider the claim of the petitioner for release of admitted payment/liability withheld by the respondents provided there is no other legal impediment in it, in accordance with law, within a period of eight weeks from the date a copy of this order is made available to the respondents by the petitioner. 06. This petition stands disposed of accordingly (SINDHU SHARMA) Judge JAMMU RAM MURTI/PS 01.01.2025 Ram Murti 2025.01.03 12:46 I attest to the accuracy and integrity of this document