Sham Dass Vs Ut of J and K Th Commissioner Secretary Jal Shakti Department Department Jammu and Others — J&K HC (2025) — LawSathi Research

Sham Dass Vs Ut of J and K Th Commissioner Secretary Jal Shakti Department Department Jammu and Others — J&K HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to consider the petitioner's claim for release of Rs. 1,87,247/- as projected in the writ petition and take a decision within two months of furnishing a certified copy of the order, subject to verification of the requisite bills and to there being no legal impediment, and to convey the decision to the petitioner; petition disposed of along with all CMs. The prayer for 12% per annum interest was not adjudicated.

Issue for consideration

Whether the respondents are liable to release the amount of Rs. 1,87,247/- for the protection work executed by the petitioner (Syphon RD: 14500M of MTC, laying of B.A. wire crates, Part-A), together with interest at 12% per annum from the date of completion of the works. +1 more

Ratio / Principle

The 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 the order is furnished by the petitioner to them.

Key takeaways

The consideration of the petitioner's claim shall be subject to verification of the requisite bills and to the condition that there exists no legal impediment, and the decision so taken by the respondents shall be conveyed to the petitioner.ratio¶18
The writ petition is disposed of along with all CMs.ratio¶19

Detailed headnote1 paragraphs

Contract payment – Withheld 'admitted liability' – Writ Petition (C) No. 2065/2025, decided 01.08.2025 by Hon'ble Ms. Justice Moksha Khajuria Kazmi, High Court of J&K and Ladakh at Jammu. Petitioner, allotted protection work (laying of B.A. wire crates, Part-A) for Syphon RD: 14500M of MTC as lowest bidder, completed the works within stipulated time but payment of Rs. 1,87,247/- was not released despite reminders; prayer included 12% per annum interest. Learned counsel confined the prayer to a direction to consider the withheld admitted liability. Court disposed of the petition at its threshold, directing the respondents to consider the claim and take a decision within two months of furnishing a certified copy of the order, subject to verification of requisite bills and absence of legal impediment, with the decision to be conveyed to the petitioner; disposed of along with all CMs.

Sr. No. 65

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

WP (C) No. 2065/2025

Sham Dass

.....Applicant(s)/Petitioner(s)

Through :- Mr. Raghav Sawhney, Advocate

v/s

UT of J & K and Ors.

.....Respondent(s)

Through :- Mrs. Monika Kohli, Sr. AAG

CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

ORDER 01.08.2025

1. By this petition, the petitioner herein is seeking a direction upon the respondents to release the admitted liability pertaining to the contract works executed by him. It is prayed that respondents be directed to release an amount of Rs. 1,87,247/- in respect of the work executed by the petitioner for protection work of Syphon RD: 14500M of MTC by way of laying of B.A. wire crates(Part-A), respectively. The petitioner is also seeking interest at the rate of 12% per annum on the said amount from the date of completion of the works.

2. The respondents are stated to have issued allotment orders in favour of the petitioner, he being the lowest bidder, for execution of the aforesaid works. The petitioner is stated to have completed the allotted works within the stipulated time and in accordance with the terms and conditions of the allotment orders. It is further stated that although the works were completed within time, the payment due to the petitioner has not yet been released. The petitioner is stated to have submitted several reminders/communications to the respondents, but the payment continues to be withheld without any justification.

WP (C) No. 2065/2025

2

3. Learned counsel for the petitioner submits that the petitioner would feel satisfied, if the respondents are directed to consider the release of the admitted liability withheld by them.

4. Having 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 furnished by the petitioner to them. The said consideration shall be subject to verification of the requisite bills and to the condition that there exists no legal impediment. The decision so taken by the respondents shall be conveyed to the petitioner.

5. Disposed of along with all CMs.

(Moksha Khajuria Kazmi) Judge JAMMU 01.08.2025 Manik