M/S DAR AND SONS TH.PROPRIETOR v. UNION TERRITORY OF J AND K (TOURISM) AND ORS
WP(C)/1601/2025 · 2025-07-11
Wasim Sadiq Nargal
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 8123 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8123 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 49 Supp. cause list-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR …
WP(C) 1601/2025 CM(4110/2025)
M/S DAR AND SONS TH.PROPRIETOR ……...Petitioner(s) Through:
Ms. Arifa Jan, Adv.
Versus UNION TERRITORY OF J AND K AND ORS. .……Respondent(s) Through: Mr.
CORAM:
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER 11.07.2025
1. Through the medium of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner is seeking direction to the respondents for release of an amount of Rs. 20,00,000/- (Rupees Twenty lacs) which has remained unpaid to the petitioner on account of having executed the contract work allotted vide No. KJTDC/EE/M&W/108 dated 15.05.2015 for
“Renovation/up- gradation of SBR Hut No. 107 at Cheshmashahi” for an amount of Rs. 9.60 lacs, vide JKTDC/EE/M&W/82 dated 02.02.2015 for an amount of Rs. 11.44 lacs, for “Construction of Additional Bathroom and development of lawn of rear side of Hut No. 214 at T. E. Cheshmashahi”. Further supplementary agreement in respect of the said work was entered with the result thereby the total work was completed for an amount of Rs. 23,80,168.00 vide
JKTDC/EE/M&W/173 dated 07.09.2015 for an amount of Rs. 9.27 lacs for “Renovation/up-gradation of 1 No. Double Bedroom Hut No. 215 at Cheshmashahi”. Further supplementary agreement in respect of the said work was entered with the result thereby total work was completed for an amount of Rs. 14,27,650/- vide JKTDC/EE/M&W/172 dated 07.09.2015 for an amount of Rs. 8.24/- lacs for
“Renovation/Up-gradation of Zaiqa Restaurant at Cheshmashahi” vide JKTDC/EE/M&W/267 dated 30.11.2015 for an amount of Rs. 2,66,960/- “Renovation of Sanitary/GI Fittings of Cafeteria Pump House including other civil works at T. E. Cheshmashahi”
2. The respondents appear to have issued the letter of indent for the works in question in terms of letter No. JKTDC/EE/M&W/955 dated 09.05.2016 and later on the works as notified were allotted to the petitioner in terms of (Anex II) dated 09.05.2016. 3. The petitioner after having received the authorisation, undertook and executed the works in question and submitted the requisite bills for payment. 4. Respondents have admitted liability to the tune of Rs. 12,80,199/- which is mentioned in communication dated 09.05.2016 followed by communication dated 14.03.2016, whereby a request has been made by the concerned Executive Engineer to the Accounts Officer, JKTDC Limited, Srinagar to release the funds to the tune of Rs. 14,27,410/- with regard to the renovation and upgradation of 1 No. DBR Hut No. 215 at Cheshmashahi. 5.
The learned counsel for the petitioner submits that she would feel satisfied if the present writ petition is disposed of at this stage with a direction to the respondents to treat this writ petition as representation on behalf of the petitioner and decide the same in accordance with law within some reasonable time frame. 6. Learned appearing counsel for the respondents is not averse to the disposal of the present petition at this stage or else to the prayer made by the counsel for the petitioner. However, learned counsel submits that the representation of the petitioner would be considered in accordance with the rules and as per law occupying the field. 7. With the consent of the learned appearing counsel for the parties, the present writ petition is taken up for final disposal at this stage and is
disposed of with a direction to the respondents to treat this writ petition as representation on behalf of the petitioner and accord
consideration to the same strictly in conformity with the rules and as per law within a period of six weeks, from the date copy of the writ petition along with its Annexures as also a copy of this order is made available to the respondents.
8. Writ petition disposed of along with connected CM in the manner as indicated above.
(WASIM SADIQ NARGAL) JUDGE
Srinagar 11.07.2025
“SAKEENA-PS”