ENVOSAVIOUR TECHNOLOGIES PRIVATE LIMITED v. UNION TERRITORY OF J AND K AND ORS. (HOUSING AND URBAN DEVELOPMENT DEPARTMENT)
WP(C)/2959/2022 · 2025-03-14
Javed Iqbal Wani
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 9654 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 9654 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP (C) No. 2959/2022 Serial No.09 Regular list
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR.
WP (C) No. 2959/2022
Envosaviour Technologies Pvt. Ltd. ….. Petitioner(s) Through: - Mr. Altaf Haqani, Sr. Advocate with Mr. Aasif Wani, Advocate.
v. Union Territory of J&K & Ors. ….. Respondent(s) Through: - Mr. Bikramdeep Singh, Dy. AG with Ms. Nowbahar Khan, Assisting Counsel.
CORAM:
HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
14.03.2025.
1. Upon coming up of the instant petition for consideration, Mr. Altaf Haqani, Sr. Advocate, learned counsel for the petitioner invited the attention of this Court to order dated 12.11.2024, passed in WP ( C ) No. 2961/2022, in case tiled Jammu and Kashmir Sahara Foundation v. Union Territory of Jammu and Kashmir & Ors, annexed to CM No. 909/2025 also, filed by the petitioner herein and would contend that the controversy involved in the said petition is identical to the controversy involved in the instant petition, so much so, the parties as well are same, and would pray for disposal of the instant petition on the similar lines on which the said WP(C) No.2961/2022, supra came to be disposed of by the Coordinate Bench in terms of the
order supra.
2. Learned counsel, appearing for the petitioner would further submit that the figures of the amount paid to the petitioner and withheld by the respondents however, is, different, in both the Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document
WP (C) No. 2959/2022 petitions as in the instant case as Rs.86,03,797/- stands paid to the petitioner by the respondents and Rs. 10832082/- unpaid which despite demands made by the petitioner has not been paid by the respondents having necessitated the filing of the instant petition.
3. Learned counsel for the petitioner would further submit that the respondents have not disputed or denied the aforesaid amount payable to the petitioner, in that, the respondents have furnished an information to the petitioner herein under Right to Information Act, 2005 in this regard which is annexed as Annexure-I to CM No.909/2025 filed during the pendency of the petition.
4. Mr. Bikramdeep Singh, Dy. AG, appearing counsel for the respondents did not dispute the passing of the order dated 12.11.2024, passed in WP (C) No. 2961/2022 supra, inasmuch as, the information furnished to the petitioner under RTI Act, 2025 on 11th January, 2023, attached as Annexure-I to CM No. 909/2025, wherein the amount claimed by the petitioner in the instant petition has been admitted to be payable to the petitioner. Mr. Bikramdeep Singh, Dy. AG, however, would invited the attention of this Court to the objections filed to the petition and would point out that the amount in question claimed by the petitioner has been withheld on account of non-fulfillment of codal formalities and non-availability of funds under the proper head.
Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document
WP (C) No. 2959/2022
5. Perusal of the record in general and the compliance report filed by the respondents on 13th March, 2025 would reveal that the respondents have endorsed and acknowledged the authenticity and genuineness of the aforesaid information furnished to the petitioner under RTI Act, 2005.
6. Having regard to the aforesaid position obtaining in the matter, the instant petition is taken up for final disposal at this stage with the consent of the appearing counsel for the parties and, is,
disposed of on similar lines upon which WP (C) No. 2961/2022 supra, has been disposed of by the Coordinate Bench on 12.11.2024, as under:- (i) By issuance of a writ of mandamus respondents are commanded to release the admitted amount of Rs. 1,08,32,082/ in favour of the petitioner within a period of eight weeks from the date a copy of this
order is made available to the respondents. (ii) In case said amount is not released in favour of the petitioner within the aforesaid stipulated period, in that eventuality, the admitted amount along with interest @ 6% shall be payable to the petitioner from the date of filing of the writ petition till the date of its actual payment and the interest component will be payable by the respondents/officer on whose count such delay may have occurred.
7. Disposed of along with connected CM(s).
(Javed Iqbal Wani)
Judge SRINAGAR 14.03.2025
“Abdul Rashid” Whether approved for reporting? Yes/No Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document