ZAHOOR AHMAD MANDOO AND ANOTHER v. J AND K LAKE CONSERVATION AND MANANGEMENT AUTHORITY AND OTHERS
WP(C)/389/2026 · 2026-03-03
Mohd Yousuf Wani
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 246 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 246 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 50 Supp. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 389/ 2026 CM 1022/ 2026 ZAHOOR AHMAD MANDOO & ANR …Petitioner(s)/Appellant(s). Through: Mr. S.R. Hussain, Advocate Vs.
J &K LAKE CONSERVATION & MANAGEMENT AUTORITY & ORS ...Respondent(s). Through:
CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER 03.03.2026
1. Heard the learned counsel for the petitioners and considered his
submissions.
2. The case of the petitioners in nutshell is that pursuant to the tender process initiated by the respondents under E-NIT No. 1 of /2021-22 dated 28.05.2021, they were declared as the lowest bidders and accordingly were awarded contracts relating to the extraction of lily pads from Dal Lake under Part-A and Part-B vide allotment orders dated 16.07.2021 and 09.09.2021, respectively. That they executed the works strictly in accordance with the contractual terms, and the work done was also measured/verified and accepted by the competent officers and the respondent-Departments. That despite full execution of the works, the respondents released only part payments and arbitrarily deducted quantities without any contractual or legal basis. That respondents have also withheld their deposits on account of call deposits (FDRs and Bill Deposits) to the tune of Rs. 65,91,167/- without any adjudication of liability, quantification of loss, or inception of lawful recovery proceedings.
3. The petitioners have accordingly sought for issuance of writs/directions in the nature of mandamus for commanding the respondents to release and re-fund forthwith in their favour an amount of Rs. 65,91,167/- deposited by them on account of call deposits (FDRs and Bill Deposits) in respect of Part-A and Part-B of the contractual works, with the further direction for payment of the said amount with interest at such rate this Court may deem fit.
4. It is submitted by the learned counsel for the petitioners that after execution of the works against the allotment orders, they were only paid part payments when in respect of the outstanding portion of the bill amounts litigation is going on. That, however, the respondents were under a legal obligation to release their call deposits (FDRs and Bill Deposits) to the tune of Rs. 65,91,167/-, which has not been done to their great prejudice and inconvenience.
5. In the facts and circumstances of the case, and having regard to the nature of relief sought, this Court is of the opinion that the matter can be
disposed of even at this stage by passing appropriate orders which are not likely to prejudice the other side.
6. Accordingly, the instant petition is disposed of with the direction to the respondents to consider the release of the amount on account of call deposits (FDRs and Bill Deposits) to the tune of Rs. 65,91,167/- in favour of the petitioners, in accordance with the law governing the field, within a period of four weeks.
7. Disposed of.
(MOHD YOUSUF WANI) JUDGE SRINAGAR 03.03.2026 ARIF