Jammu & Kashmir High Court
Satish Ganjoo vs Union Territory Of J&K on 20 December, 2024
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
Sr.No. 69
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: WP (C) No. 2986/2024
CM No. 7331/2024
Satish Ganjoo, Age 63 years ....Appellant/Petitioner(s)
S/o Late Dwarika Nath
R/o Kallar, Near B.D.O. Office Udhampur (J&K)
Through :- Mr. B.S. Bali, Advocate.
V/s
01. Union Territory of J&K ....Respondent(s)
Through Commissioner/Secretary
Horticulture (P&M) Department
J&K Government Civil Secretariat
Jammu/ Srinagar.
02. The Director
Horticulture (P&M) Department
J&K Govt, Narwal Fruit Mandi,
Jammu.
03. Executive Engineer, Horticulture
(P&M) B.C. Road Jammu
Through :- Mr. Suneel Malhotra, GA.
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
20.12.2024
01. Through the medium of the instant petition, the petitioner seeks a
direction to the respondents to release the work done payment to the petitioner
to the tune of Rs. 9,07,700/- without any further delay.
02. Brief facts of the case are that the petitioner is a Government Contractor
and by virtue of allotment order dated 31.12.2018, 07.09.2019 and 28.11.2019
issued by the then Executive Engineer, Horticulture (P&M), Division Jammu,
03 number of works as indicated in the above said allotments were allotted to
the petitioner on the terms and condition mentioned therein, the details of three
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number of works as per the learned counsel for the petitioner are indicated as
under:-
(i) Repairs of Multipurpose shops opposite Cold Storage by way of
plastering and allied works in fruit and vegetable Market,
Narwal Jammu under MAC.
(ii) Face lifting of Reception of old Kissan Ghar at Narwal Jammu
by way of civil repairs, sanitary repairs and electrical repairs etc.
under MAC.
(iii) Surface dressing levelling and providing of food earth for
creating green strip including re-construction of damaged wall
with painting in Fruit and Vegetable Market, Narwal, Jammu
under MAC.
03. It is stated that the above said 03 works allotted to the petitioner were
fully completed within the stipulated period and the work done cost of Sr. No. 1
has been determined at Rs. 40,400.00, for Sr. No. 2 the work done cost has been
determined at Rs. 5,06,700.00 and for Sr. No. 3 the work done cost has been
determined at Rs. 3,60,600.00 by the concerned Executive Engineer. Hence the
total work done amount has been calculated/executed by the concerned Xen at
Rs. 9,07,700.00 which payment is required to be released in favour of the
petitioner by the respondent department for the works completed by the
petitioner.
04. It is further stated that the petitioner has completed the above said
works in all respects and despite that, work done payment was not released to
the petitioner by the respondent department.
05. It is further stated that the petitioner had served a legal notice through
his counsel on 15.03.2022 upon respondent Nos. 2 and 3 with the request to
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release the work done payment of Rs. 9,07,700/- in favour the petitioner.
However, no has not been released to the petitioner.
06. Feeling aggrieved of the inaction on the part of the respondents,
petitioner has approached this Court by way of the instant writ petition.
07. After arguing for a while, learned counsel appearing for the petitioner,
at this stage, submits that the petitioner would feel satisfied in case, the instant
petition is disposed of by directing the respondents to accord consideration to
the case of the petitioner by treating the instant writ petition as representation
within some stipulated time.
08. Heard learned counsel for the petitioner at length and perused the
record.
09. Issue notice to the respondents.
10. Mr. Suneel Malhotra, learned GA waives notice on behalf of the
respondents and he submits that he is not averse to the aforesaid preposition
provided the case of the petitioner is directed to be accorded consideration
under rules and as per law.
11. With the consent of learned counsel for the parties, the instant writ
petition is taken up for final disposal and, is accordingly, disposed of by
directing the respondents to treat the instant writ petition as a representation and
accord consideration to the same within six weeks from the date a copy of this
order and copy of the instant writ petition along with the annexure(s) are made
available to the respondents, strictly under rules and as per law. The order of
consideration which is likely to be passed be forwarded to the petitioner by the
respondents through registered post.
12. It is made clear while considering the case of the petitioner,
respondents are directed to give weightage to the communication dated
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16.01.2023 issued by concerned Executive Engineer Horticulture (P&M)
Division Jammu.
13. Thus, the instant writ petition, is accordingly, ‘disposed of’ along with
connected application(s).
(Wasim Sadiq Nargal)
Judge
Jammu:
20.12.2024
RenuWhether the Order is speaking? Yes/No.
Whether the Order is reportable? Yes/ No.Renu Bala
2024.12.21 16:23
I attest to the accuracy and
integrity of this document