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High Court of Jammu and Kashmir · body

2026 DAILYLAW 1066 (JK)

BAGH HUSSAIN RATHORE v. UT OF J AND K TH. COMMISSIONER SECRETARY, RURAL DEVELOPMENT DEPARTMENT, JAMMU AND OTHERS

WP(C)/1244/2026 · 2026-05-08

Moksha Khajuria Kazmi

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No.1244/2026 Pronounced on:08.05.2026 Uploaded on: 12.05.2026 Bagh Hussain Rathore, Age 65 years S/o Yaqoob Khan, R/o slamabad, Tehsil Haveli, District Poonch …..Petitioner(s) Through: Mr. Haroon Rashid Qureshi, Advocate Vs 1. Union Territory of Jammu and Kashmir through its Commission/Secretary, R u r a l D e v e l o p m e n t D e p a r t m e n t , Civil Secretariat , Jammu/Srinagar. 2. District Development Commissioner, Poonch 3. Assistant Commissioner Development, Poonch 4. Block Development Officer, Bloick Nangali Sahib Sain Baba (NSSB) District Poonch. < Through: Mr. Raman Sharma, AAG Coram: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 08.05.2026 1. By this petition, the petitioner herein is seeking a direction upon the respondents to release the admitted amount of Rs.6.52 lacs along with interest @ 12% per annum from the date the work done liability was accrued upon the respondents for construction of community bunker at Mohalla Dhand W.No.04 Panchayat Islamabad Block Nangali Sahib Sain Baba. Sr. No. WP(C) No.373/2025 2 2. The petitioner is stated to have been allotted work “construction of community bunker at mohalla Dhand Ward No.4, Islamabad Block at an estimate cost of Rs.9.60 lac”, by respondent No.4, vide work order dated 05.04.2020, which was completed within a year. After completion of the work, completion report was duly submitted, which was duly acknowledged by the official respondents, measurement book also stands prepared and duly verified by the official respondents with respect to the works aforementioned. It is stated that cost of the work done by the petitioner has been assessed at Rs.4.57 lacs, besides the petitioner has also incurred Rs.1.95 lacs as cost of cement, thus, the respondents are required to pay an amount of Rs.6.52 lac in favour of the petitioner for the work, which was allotted to him. 3. It is further stated that Prabhari Officer Panchayat Islamanbad has also certified the construction of community bunkers in W.No.04 is complete. The Chairman, District Development Council, Poonch, vide communication dated 11.09.2023 has also requested respondent No.2 for release of the work done liability claim in favour of the petitioner for construction of the community bunkers at Mohalla Dhand Ward No.04, Panchayat Islamabad, however, till date nothing substantial has been done to release the admitted liability in favour of the petitioner. 4. Petitioner herein is aggrieved of the inaction of the respondents for causing delay in releasing the payment due to him for execution of the works duly allotted by the respondents and, as such, is seeking direction upon respondents to release the outstanding amount of Rs. 6.52 lac. WP(C) No.373/2025 3 5. Learned counsel for the petitioner submits that petitioner would feel satisfied if the respondents are directed to consider the case of the petitioner for release of the outstanding amount in his favour. 6. Mr. Raman Sharma, learned AAG, on the other hands, would submit that he is not averse to the proposition made by the learned counsel for the petitioner. 7. Be that as it may, having regard to the submission made by learned counsel for the petitioner, the instant writ petition is disposed of at its threshold, with a direction to the respondents to consider the claim, after due verification of the bills of the petitioner, as projected in the writ petition, provided there is no legal impediment therefor, and take a decision thereon by passing a speaking order, within a period of two months from the date a certified copy of this order is made available to the respondents, under rules. The decision so taken by the respondents shall be conveyed to the petitioner. (Moksha Khajuria Kazmi) Judge Jammu 08.05.2026 Vinod, Secy Whether the order is reportable: No Vinod Kumar 2026.05.11 19:43 I attest to the accuracy and integrity of this document