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High Court of Jammu and Kashmir · body

2025 DAILYLAW 8202 (JK)

ABDUL SALAM NAJAR v. UNION TERRITORY OF J AND K AND ORS. (POWER DEVELOPMENT / KPDCL)

WP(C)/1642/2025 · 2025-07-16

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 110 Suppl. List IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1642/2025 Abdul Salam Najar …Petitioner(s) Through: Mr. Fayaz Ahmad Lone, Adv. Vs. UT of JK and Ors. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE. ORDER 16.07.2025 1. The petitioner, who claims to be the contractor by profession, has participated in the tender Notification issued by the respondent no. 3 vide E-NIT No. 06 of 2018-19 dated 1st February, 2019, for renovation and restoration of residential Flats of JKSPDC at Pampore. It is pleaded in the writ petition that the petitioner after complying all the requisite formalities, the respondents have issued the final allotment order in terms of aforesaid NIT in his favour under No. 21 of 2018 dated 30th March, 2019, besides additional work was also taken up for execution in terms of agenda discussed in the meeting conveyed by the respondents. 2. It is the specific case of the petitioner that he has mobilized his men and machinery for execution of the contract and executed the assigned work well in time as per the specification and direction of the concerned officials and, accordingly, the work in question was verified by the engineering staff. It is further pleaded by the petitioner that he has received an amount of Rs. 5,32244/- but an amount of Rs. 323382/- is still payable to him in terms of the bills duly verified and approved for payment by the respondents. 3. Learned counsel for the petitioner submits that respondents are under statutory obligation to release the withheld payment in favour of the petitioner, as the respondents with ulterior motives and extraneous considerations retained the due amount illegally and without any legal justification and without any fault on the part of the petitioner. It is this action on the part of respondents which has constrained the petitioner to file the instant petition. 4. At this stage, learned counsel for the petitioner submits that petitioner would feel satisfied if the instant petition is disposed of by directing the respondents to treat the same as representation and accord consideration thereon under rules and in accordance with law within some reasonable time frame, to which, Ms Nadia Abdulla, vice Mr. Mohsin Qadiri, learned SR.AAG, who has caused appearance on the asking of the Court, has no objection. 5. With the consent of learned counsel for the parties, the instant writ petition is disposed of at its threshold by directing the respondents to treat the same as representation and accord consideration thereon under rules and in accordance with law within a period of six weeks from the date a copy of this Order along writ petition and enclosed Annexures are made available to them. 6. The order of consideration to be passed by the respondents shall be forwarded to the petitioner through registered post against the proper receipt. 7. The writ petition is disposed of in the manner indicated above. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 16.07.2025 “Shamim Dar”