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2025 DAILYLAW 8282 (JK)

M/S NEW STAR ELECTRICAL WORKS TH.PROPRIETOR v. UNION TERRITORY OF J AND K (FLORICULTURE) AND ORS

WP(C)/1704/2025 · 2025-07-22

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 157 Suppl. List IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1704/2025 M/S. New Star Electrical Works through Proprietor Abdul Majid Dar …Petitioner(s) Through: Mr. Mir Umer, Advocate Vs. UT of JK and Ors. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE. ORDER 22.07.2025 1. The petitioner through the medium of the instant petition is aggrieved of inaction on the part of respondents in not releasing an amount of Rs. 1, 76,000/- for the work already executed by him viz. NIT up-gradation of Lighting System, Grill Fencing and renovation of Mall Shed, Night Watchers Room, Hot House and Store at Polo Ground, Srinagar. 13. Learned counsel for the petitioner has drawn the attention of this Court to a communication issued by concerned Executive Engineer, Floriculture Department, Srinagar, vide No. EE/FDK/1130-34 dated 8th July, 2022, whereby the respondents have admitted the liability of the petitioner to the tune of Rs. 1,76,000/- and, thus, there is legal no impediment in the way of respondents to release the aforesaid admitted amount. Learned counsel submits that petitioner has completed the work allotted to him on the strength of allotment and technical sanctions issued by the department from time to time. It is further submitted that after completion of the aforesaid work, the concerned Executive Engineer R&B, Raj Bagh, submitted a bill to Executive Engineer R&B Division Rajbagh, Srinagar, and despite that the admitted amount, as mentioned above, has not been released in favour of the petitioner. Feeling aggrieved of the same, the petitioner has filed the instant petition. 14. At this stage, learned counsel for the petitioner submits that petitioner would feel satisfied in case the instant petition is disposed of by directing the respondents to treat the same as representation and accord consideration thereon within some reasonable time frame. 15. Mr. Ilyas Laway, learned GA, who, on the asking of the Court, has caused appearance on behalf of the respondents, submits that he is not averse to the disposal of the instant writ petition provided the same is directed to be disposed of under rules and in accordance with law. 16. Accordingly, with the consent of learned counsel for the parties, the instant petition is taken up for disposal at its threshold by directing respondents 3 to 5 to treat the instant petition as representation and accord due consideration thereon under rules and in accordance with law within a period six weeks from the date a copy of this Order along with writ petition and copy of enclosed Annexures are made available to him. The respondents 3 to 5, while according consideration to the case of the petitioner, shall give due weightage to the Communication dated 8th July, 2022, issued by the respondent no. 3. 17. The writ petition is disposed of in the manner indicated above. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 22.07.2025 “Shamim Dar”