Surinder Singh v. Ut of J and K Th Commissioner Cum Secretary to Govt Home Deptt and Othrs

ORDER

20.12.2023

¶1By this petition, the petitioner herein is seeking a direction upon the respondents to release the admitted liability of the contract work executed by the petitioner. It is prayed that the respondents be directed to release the outstanding payment of Rs.2,75,581.77 along with interest @ 7.5% per annum from the date of completion of the work.

¶2The respondents are stated to have issued an allotment order bearing No.PCD/Allotment/2207-10 dated 30.07.2018, whereby the petitioner has been allotted execution of the work "construction of boundary wall at TCP Roulka" for an amount of Rs.11,15,303.34. The petitioner is stated to have completed the allotted work. The total cost of the work was

Sr. No. 128

¶3Respondents are stated to have released an amount of Rs. 8,34,000/- in favour of the petitioner and the outstanding amount of Rs.2,75,581.77/- has been retained by the respondents and the same has not been released by the respondents till date.

¶3Petitioner herein is aggrieved of the inaction of the respondents for causing delay in releasing the balance payment due to him for execution of the work duly allotted by the respondents and, as such, is seeking direction upon respondents to release the outstanding amount of Rs. 2,75,581.77.

¶4It is stated that after completion of the work, petitioner submitted bills to the concerned authorities. Petitioner has placed on record copies of the bills/vouchers submitted to the respondents, perusal whereof reveals that vouchers have been endorsed by the respondents.

¶5This Court on consideration of the matter, issued notice to the other side. despite notice, respondents have chosen not to file reply.

¶6Learned counsel for the petitioner submits that he would feel satisfied if the respondents be directed to consider the case of the petitioner for release of the outstanding amount of Rs. 2,75,581.77 in his favour.

¶7Having regard to the prayer 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 of the petitioner as projected in the writ petition and take a decision thereon within a period of two months from the date a certified copy of this Order is made available to the respondents subject to verification of the requisite bills under rules. The decision so taken by the respondents shall be conveyed to the petitioner.

(Moksha Khajuria Kazmi) Judge Jammu

20.12.2023 Vinod, PS

Whether the order is reportable: No

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No.572/2023 Surinder Singh, Age 49 years S/o Sh. Rajinder Singh R/o Village Rampur Tehsil Billawar District Kathua. …..Petitioner(s) Through: Mr. Jagpaul Singh, Advocate Vs 1. Union Territory of Jammu and Kashmir through Commissioner-cum-Secretary to the Government Home Department Civil Secretariat, Jammu 2. Superintending Engineer, Police Construction Division Police Headquarters, J&K, Srinagar 3. Executive Engineer, Police Construction Div. Police Headquarters, J&K, Srinagar. .…. Respondent(s) Through: Ms. Vidushi Singh, Advocate vice Ms. Monika Kohli, Sr. AAG Coram: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE