M/S RAKUL LAIRA TH. RAKUL LAIRA AND ANOTHER v. UT OF J AND K TH. COMMISSIONER SECRETARY JAL SHAKTI DEPARTMENT AND OTHERS
WP(C)/3120/2026 · 2026-09-29
Ma Chowdhary
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 3453 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3453 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 3120/2026
1. M/S Rakul Laira, through its Proprietor/Authorised Signatory Rakul Laira S/O Subash Chander, R/O 88/2, Housing Colony, District Udhampur, J&K
2. M/S Niti Construction, through its Authorised Singnatory, Ajay Kumar S/O Sh. Shiv Charan R/O Kotli Jib Thathi, Udhampur, J&K.
…..Petitioners
Through: Mr. Harsh Dev Singh, Advocate
Vs
1. UT of J&K through Commissioner/Secretary to Govt., Jal Shakti Department, Civil Secretariat, J&K.
2. Chief Engineer, Jal Shakti (PHE) Department, Jammu.
3. Superintending Engineer, Jal Shakti (PHE) Department, Udhampur.
4. Executive Engineer, Jal Shakti (PHE) Hydraulic Circle, Udhampur.
5. Executive Engineer Jal Shakti (PHE) Rural Division Jammu, District Jamm
.…. Respondents
Through:
CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE
ORDER (29.09.2026)
1. The petitioners, through the medium of present petition, seek a direction to the respondents for release the entire retention Serial No. 170
2 WP(C) No. 3120/2026
money/security deposit withheld from the petitioners from their running/final bills, despite completion of the four contractual works allotted to the petitioners with regard to various Water Supply Schemes.
2.
Learned counsel for the petitioners submits that the petitioners had executed the allotted work of four Water Supply Scheme Mantalai, Water Supply Scheme Gandh, Water Supply Scheme Nagrota and Water Supply Scheme Kogar Morh within the respondents Divisions, however, the amounts retained by the respondents, payable to the petitioners, are to the tune of Rs. 3,48,860/-, Rs. 4,20,100/- & Rs. 9,26,560/- and Rs. ,21,900/- respectively.
3.
Learned counsel for the petitioners also brought to the notice of this Court, completion certificates dated 16.09.2026 and 15.01.2026 issued by the respective Executive Engineer Jal Shakti (PHE) Divisions, which have been placed on record. He further submits that petitioners shall be satisfied if this petition is disposed of at this threshold, with a direction to the respondents to consider the petitioners’ case for redressal at the earliest.
4.
Learned counsel for the respondents did not raise any serious objection to the plea raised by the petitioners, for disposal of the present petition, with a direction to the respondents to consider the case of the petitioners.
3 WP(C) No. 3120/2026
5. In view of the internal correspondence between the respondent authorities and completion certificate issued by them, this petition, without going into its merits is disposed of, at this stage, with a direction to the respondents to consider and make payment to the petitioners, to which, they are found entitled, for construction works carried out by them, to the satisfaction of the respondents.
6. Thus, the writ petition is disposed of, with a direction to the respondents to consider the matter and take a decision with regard to the withheld payment alongwith security deposit payable to the petitioners, expeditiously, preferably, within a period of six weeks, certainly in accordance with the applicable law/rules to the subject.
7.
Disposed of.
(MA CHOWDHARY) JUDGE JAMMU
29.09.2026
Sneha