Shokat Ali Vs Ut of J and K Th Commissioner Secretary Pw Deptt and Others — J&K HC (2025) — LawSathi Research

Shokat Ali Vs Ut of J and K Th Commissioner Secretary Pw Deptt and Others — J&K HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of at its threshold with a direction to the respondents to consider and decide the petitioner's claim within two months from furnishing of a certified copy of the order; if found entitled, the amount is to be released within two weeks of the decision, and the decision conveyed to the petitioner.

Issue for consideration

Whether the respondents are to be directed to release payment of Rs. 20,00,000/- (Rupees twenty lacs only) with interest at the prevailing bank rate to the petitioner for works executed by his JCB and Tipper for restoration of roads under Special Sub-Division, Gandoh. +1 more

Ratio / Principle

The respondents are directed to consider and decide 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

If the petitioner is found entitled to the claim so projected, the amount shall be released in his favour by the respondents within a period of two weeks from the date of such decision, and the decision taken shall be conveyed to the petitioner.ratio¶19

Detailed headnote1 paragraphs

Writ Petition (C) No.3192/2025, Shokat Ali v. UT of Jammu and Kashmir and others (High Court of Jammu & Kashmir and Ladakh at Jammu, Moksha Khajuria Kazmi, J., pronounced 17.11.2025): disposed of at threshold. The petitioner, whose JCB and Tipper were engaged from time to time for restoration of various roads falling under Special Sub-Division, Gandoh, had raised bills/invoices after completion of the allotted works and sought release of Rs. 20,00,000/- (Rupees twenty lacs only) with interest at the prevailing bank rate; an interdepartmental communication dated 16.03.2019 seeking funds to clear the liability of Rs. 20.00 lacs was on record. On the modified prayer of learned counsel that the petitioner would feel satisfied if the respondents were directed to consider release of the admitted liability within a time frame, the Court directed the respondents to consider and decide the claim as projected in the writ petition within two months from the date a certified copy of the order is furnished by the petitioner, and, if the petitioner is found entitled, to release the amount within two weeks from the date of such decision, conveying the decision to the petitioner. Petition disposed of along with all CMs.

Sr.No. 145

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

WP(C) No.3192/2025

Date of pronouncement: 17.11.2025 Date of uploading:18.11.2025

Shokat Ali

….Petitioner(s)/Appellant(s)

Through :- Mr. Ahtisham Hussain, Advocate.

V/s

01. The UT of Jammu and Kashmir ….Respondent(s) Through its Commissioner/Secretary, PW (R&B) Department, Civil Secretariat, Jammu/Srinagar. 02. The Chief Engineer, PW, (R&B) Deptt. Chenab Zone Batote. 03. The Superintending Engineer, PW (R&B) Doda. 04. The Executive Engineer, PWD (R&B), Special Sub-Division, Gandoh.

Through :- None.

Coram: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

ORDER

(17.11.2025)

1. By this petition, the petitioner herein is seeking a direction upon the respondents to release the payment to the tune of Rs. 20,00,000/(Rupees twenty lacs only) in his favour along with interest thereon at the prevailing bank rate from the date of accrual till its realization.

2. It is submitted that the JCB and Tipper of the petitioner were engaged by the respondents from time to time for restoration of various roads falling under Special Sub-Division, Gandoh.

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3. 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 his favour. However, despite repeated representations and reminders, the payment could not be disbursed in favour of petitioner. Copy of an interdepartmental communication dated 16.03.2019 is also placed on record, whereby funds have been sought to clear the liability of Rs. 20.00 lacs accrued towards petitioner.

4. Learned counsel for the petitioner submits that the petitioner would feel satisfied, if the respondents are directed to consider release of the admitted liability in his favour within certain time frame.

5. Having regard to the innocuous prayer made by the learned counsel for petitioner, the instant petition is disposed of, at its threshold, with a direction to the respondents to consider and decide the claim of 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. In case the petitioner is found entitled to the claim, so projected, the same shall be released in his favour by the respondents within a period of two weeks from the date of such decision. The decision so taken by the respondents shall be conveyed to the petitioner.

6. Disposed of along with all CMs.

(MOKSHA KHAJURIA KAZMI) JUDGE

Jammu: 17.11.2025 Sushant

WP(C) No.3192/2025

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WP(C) No.3192/2025