Jammu & Kashmir High Court – Srinagar Bench
Arshid Bilal vs Ut Of Jammu And Kashmir And Ors on 17 January, 2025
Serial No. 5
Suppl. List
IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 106/2025
CM No. 232/2025
Arshid Bilal ...Petitioner(s)
Through: Mr. Umar Rashid Wani, Adv, vice Mr. Zahid Khan, Adv.
Vs.
UT of Jammu and Kashmir and Ors. ...Respondent(s)
Through:
CORAM:
HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.
ORDER
17.01.2025
01. The short controversy raised through the instant petition filed under the
provisions of Article 226 of the Constitution of India by the petitioner is
that in pursuance of a work contract allotted to him pursuant to the
finalization of the tender process arising out of NIT No.
SKIMS/WDB/13 of 2018 dated 9th October, 2018, he completed the
requisite work i.e., “covering approach newly constructed Casualty
Block and some allied works” at SKIMS MCH Bemina, Srinagar, and
handed over the completed work to the respondents, but his admitted
liability as per his bills is still outstanding from the respondents on
account of which e fact that he has been badly suffering.
02. It is submitted by learned counsel for the petitioner that the petitioner,
who is a Contractor by profession, has undertaken the subject work after
raising the financial assistance from the Bank and has been paying a huge
interest thereon. He further submitted that liability claimed in this
petition has been admitted by the respondents which is evident from the
communication bearing No. SKIMS/MCH/308/AEE/22/630 dated 28th
December, 2022, addressed by the Assistant Executive Engineer Civil,
SKIMS MCH Bemina, Srinagar, to the Executive Engineer (Civil)
SKIMS MCH Bemina.
03. In the backdrop, this Court is of the opinion that this writ petition can be
disposed of at its threshold stage by passing appropriate orders having
regard to the fact that the claim of the petitioner has already been
admitted by the respondents.
04. Accordingly, the instant petition is disposed of with the direction to the
respondents to ensure the release of the admitted liability in favour of the
petitioner within a period of four weeks from the date a certified copy of
this Order is made available to them under report of compliance to the
Registry of this Court.
05. Disposed of in the aforesaid terms.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR:
17.01.2025
“Shamim Dar”
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