GHULAM HUSSAIN v. DISTRICT DEVELOPMENT COMMISSIONER DDC DODA AND OTHERS
WP(C)/2370/2024 · 2026-09-29
Shahzad Azeem
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 3492 (JK) · dailylaw.ai ]
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Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No.2370/2024
Ghulam Hussain
…..Appellant(s)/Petitioner(s)
Through: Mr. Gagandeep Sharma, Advocate.
Vs.
District Development Commissioner, Doda and others
.…. Respondent(s)
Through: Ms. Malvika Gupta, Advocate vice Ms. Monika Kohli, Sr. AAG. Ms. Jagmeet Kour, Advocate vice Mr. Raman Sharma, AAG.
CORAM: HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE
ORDER 29.09.2026
1. Through the medium of this petition, the petitioner has approached this Court seeking direction to the respondents for release of payment of ₹ 2,50,000/-along with 12% interest for construction of water tank and bathroom at Dar Mohalla W.No.7 Village Challer, District Doda.
2. It is contended that the petitioner was allotted the work for construction of water tank and bathroom at Dar Mohalla W.No.7 Village Challer Doda under 14th Finance Commission, however despite completion of requisite work, the amount incurred and agreed has not been paid by the respondents.
3. On the other hand, the respondents have filed objections, and resisted the claim of the petitioner on the ground that certain Sr. No. 11
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technical formalities are lacking, therefore, the amount cannot be released.
4. After hearing learned counsel for the parties and wading through the rival averments contained in the pleadings, it appears that the petitioner has undertaken the work of construction of a water tank and bathroom under 14th Finance Commission, however, despite the said work having been completed, the amount is not released because of deficiencies in codal formalities.
5. Notwithstanding the objections raised by the respondents, if it is found that the petitioner has constructed the water tank and bathroom as per layout and the Scheme, he is of course entitled to the payment, however subject to fulfillment of codal formalities and on such technicalities, the amount, if any, incurred cannot be withheld.
6. At this stage, learned counsel for the petitioner submits that the petitioner will be satisfied, in case this petition is disposed of with a direction to the respondents to consider the claim of the petitioner in accordance with law and in case any codal deficiency is found lacking, he is ready to make up the same.
7.
Learned counsel appearing on behalf of the respondents are not averse to the prayer made by learned counsel for the petitioner.
8. In view of the statements made by learned counsel for the parties, this petition is, disposed of, with a direction to the respondents to assess and release the amount found due to the petitioner for construction of water tank and bathroom under 14th
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Finance Commission, strictly in accordance with law and on completion of all the codal formalities. Let this exercise be completed within a period of two months from the date certified copy of this
order is made available to them by the petitioner.
9.
Disposed of in the above terms along with connected CMs.
(Shahzad Azeem)
Judge
Jammu 29.09.2026 Surinder
Surinder Kumar 2026.09.29 17:05 I attest to the accuracy and integrity of this document