M/S Kohli Construction Th Proprietor Mohd Munshi v. Ut of J and K Th Commissioner Secretary to Govt. Power Development Department and Others

J&K HC14 Nov 2025WP(C)/3172/2025

Case brief

AI extract

What is this about?

WP (C) 3172/2025; Kohli Construction; Mohd. Munshi; JPDCL Kishtwar; Jammu Power Distribution; release of payment; Rs. 27,82,663; 24% interest; JJM scheme; turnkey works; WSS Kote Top; WSS Kuluthan; WSS Batogra; admitted liability; non-availability of funds; direction to consider claim; two months; disposed of at threshold; Moksha Khajuria Kazmi; 14.11.2025.

What did the court decide?

Direction to the respondents to consider the petitioner's claim (release of Rs. 27,82,663/- with interest @24% per annum) and take a decision within two months of the certified copy being furnished, subject to verification of requisite bills, with the decision to be conveyed to the petitioner; no immediate monetary relief ordered. ¶¶30

M/S Kohli Construction Th Proprietor Mohd Munshi Vs Ut of J and K Th Commissioner Secretary to Govt. Power Development Department and Others — J&K HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to release to the petitioner payment of Rs. 27,82,663/- along with interest @24% per annum for the works executed under the allotment order dated 30.01.2025.

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Court's answer

Taking note of learned counsel's limited prayer, the Court disposed of the writ petition at its threshold, directing 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.

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Ratio / Principle

The direction operates subject to verification of the requisite bills, with the certified copy of the order to be furnished by the petitioner, and the decision so taken by the respondents shall be conveyed to the petitioner.

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Detailed headnote1 paragraphs

High Court of J&K and Ladakh (Jammu Bench), Justice Moksha Khajuria Kazmi — WP (C) No. 3172/2025, decided 14.11.2025 (oral order). Contractor M/s Kohli Construction (proprietor Mohd. Munshi) sought direction for release of Rs. 27,82,663/- with interest @24% per annum for three works (SITC sub-stations for WSS Kote Top (lift), WSS Kuluthan (lift) and WSS Batogra, Thathri) executed on turnkey basis under JJM scheme pursuant to allotment order dated 30.01.2025 of Electric Division JPDCL Kishtwar; bills raised but payment withheld for non-availability of funds, and legal notice served. Counsel confined the prayer to consideration of the admitted liability; the Court disposed of the petition at its threshold, directing the respondents to consider the claim and decide within two months of the certified copy being furnished, subject to verification of requisite bills, and to convey the decision to the petitioner. No statute or precedent cited; single-judge bench; no monetary award passed at this stage.

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Sr. No. 123

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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WP (C) No. 3172/2025

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Date of pronouncement: 14.11.2025 Date of uploading : 17.11.2025

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M/s Kohli Construction through Proprietor Mohd. Munshi, Age 35 years, S/o Bashir Ahmed R/o Shakari Tehsil Chansana District Reasi, at present Ramzanpura Near Eidgah Janipur, Jammu

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

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Through :- Mr. Ajaz Chowdhary, Advocate

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v/s

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UT of J & K through Commissioner/Secretary to Govt. Power Development Department.

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Managing Director, Jammu Power Distribution Cooperation Ltd. Gladni Narwal Jammu.

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Executive Engineer, Elect. Division JPDCL Kishtwar

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Executive Engineer, Special Sub Divison Gundoh Kishtwar.

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.....Respondent(s)

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Through :- Ms. Chetna Manhas, Advocate vice Mr. Raman Sharma, AAG

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

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ORDER(ORAL)

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By this petition, the petitioner herein is seeking a direction upon the respondents to release the payment to the tune of Rs. 27,82,663/- in favour of the petitioner along with interest @24% per annum.

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The respondents are stated to have issued an allotment order dated 30.01.2025 for the execution of following works:

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i. SITC as per REC standards for creation of Sub Stations for WSS Kote Top (lift)

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ii. WSS Kuluthan (lift) in Bilaesar area and intermediatory stage

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iii. WSS Batogra in Thathri under JJM scheme in respect of Electric Division JPDCL Kishtwar on turnkey basis.

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After completion of the allotted works, petitioner raised bills/invoices for the aforesaid works before the official respondents seeking clearance of liability accrued on account of the execution of works duly allotted in favour of the petitioner. However, the payment could not be disbursed in favour of the petitioner because of non-availability of funds.

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Petitioner is stated to have executed the allotted work within the stipulated period for the completion of the work. The petitioner, it is stated, had also represented before the respondents for release of payment in his favour but despite that the respondents have not released the payment.

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Petitioner has placed on record copy of legal notice sent to The Executive Engineer, Electric Division JPDCL, Kishtwar.

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

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Having regard to the prayer made by learned counsel for the petitioner, the instant 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

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furnished by the petitioner to them subject to verification of the requisite bills. The decision so taken by the respondents shall be conveyed to the petitioner.

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Disposed of along with all CMs.

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(Moksha Khajuria Kazmi) Judge

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JAMMU 14.11.2025 Manik

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Whether this order is speaking: yes/no Whether this order is reportable: yes/no

M/S Kohli Construction Th Proprietor Mohd Munshi v. Ut of J and K Th Commissioner Secretary to Govt. Power Development Department and Others

Case brief

What is this about?

What did the court decide?

M/S Kohli Construction Th Proprietor Mohd Munshi v. Ut of J and K Th Commissioner Secretary to Govt. Power Development Department and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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