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2025 DAILYLAW 8394 (JK)

MOHAMMAD AMIN BHAT v. UNION TERRITORY OF J AND K AND ORS. (HOUSING AND URBAN DEVELOPMENT)

WP(C)/1779/2025 · 2025-09-04

Mohd Yousuf Wani

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 56 Suppl. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1779/2025 CM 5642/2025 Mohammad Amin Bhat …Petitioner(s)/Appellant(s). Through: Mr. Sheikh Mohammad Faisal, Advocate. Vs. Union Territory of J and K and Ors. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE. ORDER 04.09.2025 1. Through the medium of the instant petition filed under Article 226 of the Constitution of India, the petitioner has sought the issuance of writ/direction in the nature of mandamus for commanding upon the respondents to release his pending due/admitted liability to the tune of Rs. 4,00,000/- (Rupees Four Lacs) in his favour along with interest @18% from the date the same has become due to him on account of the execution of the different departmental works allotted to him by the respondents under MP-LADS scheme during the year 2019. 2. The case of the petitioner in nutshell is that, he is a duly registered contractor who has executed various departmental works allotted to him by the respondent-corporation under the Member of Parliament Local Area Development Scheme (MP-LADS) during the year 2019. That he completed the said allotted works strictly in accordance with the allotment orders which were subsequently duly verified, certified and approved by the Competent Authority including the District Development Commissioner, Srinagar. That his payment continues to remain withheld/unpaid despite availability of requisite funds and his compliance with all the codal formalities. That multiple representations submitted by him including the communications routed through the Chief Minister’s office have failed to secure the release of the outstanding admitted liability. That he has no other efficacious alternative remedy available except to approach this Court through the medium of the instant writ petition for enforcement of his legal rights. 3. Heard learned counsel for the petitioner, who reiterated his stand taken in the memo of petition. 4. The learned counsel during his arguments, inter alia, invited the attention of the Court towards the communication addressed by the respondent No. 2 to respondent No. 1 under No. SMC/SO/CS/523-525, dated: 20.03.2025 on the subject of “release of pending payments in respect of MP-LAD works executed prior to September, 2019 on nomination basis”. While referring to the said communication, the learned counsel submitted that the liability of the petitioner is admitted therein and the reason for non-payment of the outstanding amount has been attributed to the non-availability of funds. 5. It is also submitted by the learned counsel for the petitioner that the matter can be disposed of even at this threshold stage by directing the respondent- corporation to release the amount of the balance admitted liability in his favour on account of the execution of works by him during the financial year 2021-2022 under MP-LAD Scheme. 6. In the facts and circumstances of the case and especially having regard to the relief sought in this petition, this court is of the opinion that admittedly, as submitted by the learned counsel for the petitioner, the matter can be disposed of at this stage by directing the respondent-corporation to immediately consider the release of the withheld amount due to the petitioner in his favour on account of the execution of various developmental works by him under MP-LAD Scheme against proper allotments. Ordered accordingly. 7. The consideration, as directed, shall be made by the respondents- corporation within a period of four weeks under a report of compliance to the Registry of this Court. 8. (MOHD YOUSUF WANI) JUDGE SRINAGAR 04.09.2025 “Shahid Manzoor”