ARSHID BILAL v. UNION TERRITORY OF J AND K AND ORS
WP(C)/107/2025 · 2025-01-17
Mohd Yousuf Wani
Writ Petition (Civil)body2025
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Judgment text
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Serial No. 6 Suppl. List IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 107/2025 CM No. 234/2025
Arshid Bilal …Petitioner(s) Through: Mr. Umar Rashid Wani, Adv, vice Mr. Zahid Khan, Adv. Vs. UT of Jammu and Kashmir and Ors. ...Respondent(s)
Through:
CORAM:
HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.
ORDER 17.01.2025
01. The short controversy raised through the instant petition filed under the provisions of Article 226 of the Constitution of India by the petitioner is that in pursuance of a work contract allotted to him pursuant to the finalization of the tender process arising out of NIT No. SKIMS/WDB/13 of 2018 dated 9th October, 2018, he completed the requisite work i.e., “Creation/finishing of washroom/room near newly constructed Causality Block including finalizing of pending structural work” at SKIMS MCH Bemina, Srinagar, and handed over the
completed work to the respondents, but his admitted liability as per his bills is still outstanding from the respondents on account of which fact that he has been badly suffering.
02. It is submitted by learned counsel for the petitioner that the petitioner, who is a Contractor by profession, has undertaken the subject work after raising the financial assistance from the Bank and has been paying a huge interest thereon. He further submitted that liability claimed in this petition has been admitted by the respondents which is evident from the communication bearing No. SKIMS/MCH/308/AEE/22/630 dated 28th December, 2022, addressed by the Assistant Executive Engineer Civil, SKIMS MCH Bemina, Srinagar, to the Executive Engineer (Civil) SKIMS MCH Bemina.
03. In the backdrop, this Court is of the opinion that this writ petition can be
disposed of at its threshold stage by passing appropriate orders having regard to the fact that the claim of the petitioner has already been admitted by the respondents.
04. Accordingly, the instant petition is disposed of with the direction to the respondents to ensure the release of the admitted liability in favour of the petitioner within a period of four weeks from the date a certified copy of
this Order is made available to them under report of compliance to the Registry of this Court.
05. Disposed of in the aforesaid terms.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR: 17.01.2025
“Shamim Dar”