Serial No.01 Regular cause list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR OWP No.141/2017 Javaid Ahmad Wani ….. Appellant/petitioner(s) Through: - M/S Shafaqat Nazir and Heena Baqal Advocates V/s State of J&K and Ors. ….. Respondent(s) Through: - Mr. Mubashir Malik, Dy. AG CORAM: HON’BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE (ORDER) 27.02.2025 1. The short grievance of the petitioner as projected through the medium of the instant writ petition filed under Article 226 of the Constitution of India is that he as a qualified Contractor was allotted work of repairment, renovation and installation of racks/shelves in the building of their Directorate Office by the respondents 2 and 3 who after completion of the allotted work was paid only in part when the substantial portion of his due payment is still outstanding from the respondents. The respondents 1 to 5 while admitting the liability of the petitioner have however, averred that since the building stands subsequently occupied by the Estates Department, as such, it is the respondent No. 6 who has to account for the payment of the balance amount towards the petitioner. 2. It is undisputed that the allotment order in respect of the renovation, repairment of the building and installation of racks, shelves, etc. was issued by the respondents 2 & 3 to the petitioner and the part payment has also been made by the said respondents. 3. Under these circumstances of the case, it is the department of the respondents 1 to 5 i.e., Health Department which has to account for the release and payment of the outstanding amount towards the petitioner- Contractor, the instant petition, as such, deserves to be disposed of at this Stage by passing of appropriate orders. 4. Accordingly, the instant petition is disposed of with a direction to the respondent No. 2 i.e., Director, Health Services Srinagar, Kashmir, to release and pay the outstanding liability under law to the petitioner within a period of eight weeks. The Respondent No. 2 shall make any deduction if admissible under law in respect of the service tax, at the rate which was prevalent at the time of execution of work. 5. Disposed of as above. (MOHD YOUSUF WANI) JUDGE SRINAGAR 27.02.2025 “Shaista-PS”