Bagh Hussain Rathore Vs Ut of J and K Th Commissioner Secretary, Jal Shakti I and Fc, Department, Jammu and Others — J&K HC (2025) — LawSathi Research

Bagh Hussain Rathore Vs Ut of J and K Th Commissioner Secretary, Jal Shakti I and Fc, Department, Jammu and Others — J&K HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of: impugned order No. SEP/Hyd/03 of 2025-26 dated 20.05.2025 set aside; Superintending Engineer, Hydraulic Circle, Poonch directed to pass a fresh consideration order within three months, after considering the listed official correspondences and after hearing the petitioner; no observations made on merits.

Issue for consideration

Whether the consideration order No. SEP/Hyd/03 of 2025-26 dated 20.05.2025, passed in compliance of the writ Court's direction dated 17.11.2023, sufficiently considered the documents and official correspondences on the basis of which the petitioner staked his claim of admitted liability.

Court's answer

The consideration order No. SEP/Hyd/03 of 2025-26 dated 20.05.2025 is set aside because the Superintending Engineer, Hydraulic Circle, Poonch made no effort to advert to the documents on the basis of which the petitioner staked his claim.

Ratio / Principle

The Superintending Engineer, Hydraulic Circle, Poonch is directed to pass a fresh consideration order after considering and dealing with the seven official correspondences listed by the Court, be it in favour or against the petitioner.

Key takeaways

The fresh consideration order is to be passed within a period of three months from the date of the present order.ratio¶44
The petitioner shall be heard in support of his claim by the Superintending Engineer, Hydraulic Circle, Poonch before the final consideration order is passed.ratio¶47
It was none other than the Superintending Engineer, Hydraulic Circle, Poonch who had himself recommended to the Chief Engineer, Irrigation & Flood Control Department, Jammu release of funds of Rs. 36.03 lacs to facilitate payment to the petitioner for works executed during 2013-14.

Detailed headnote1 paragraphs

Writ Petition (WP(C) No. 3443/2025, High Court of J&K and Ladakh at Jammu, decided 05.12.2025, Rahul Bharti, J.) — Bagh Hussain Rathore v. UT of J&K & Ors. The petitioner's earlier writ WP(C) No. 381/2021 claiming Rs. 20.5174 lacs for works executed in 2013-14 (sanction communicated vide No. SEP/Hyd/1719 dated 21.02.2014) was disposed of on 17.11.2023 with a direction to three officers of the Irrigation & Flood Control Department to consider his admitted-liability claim subject to verification of bills. In purported compliance, the Superintending Engineer, Hydraulic Circle, Poonch passed order No. SEP/Hyd/03 of 2025-26 dated 20.05.2025 rejecting the claim. Holding that the rejecting order made no effort to advert to the documents underlying the claim — including seven official communications (2016-2021) and the Superintending Engineer's own earlier recommendation for release of Rs. 36.03 lacs — the Court set the order aside and directed a fresh consideration order within three months, after dealing with those correspondences and after hearing the petitioner, expressly recording no observations on the merits.

Supplementary List-1

Serial No. 131

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

WP(C) No. 3443/2025

Date of pronouncement : 05.12.2025 Uploaded on : 20.01.2026

Bagh Hussain Rathore

….Petitioner

Through:Mr. H.R. Qureshi, Advocate

V/s

UT of J&K & Ors.

…..Respondents

Through:- Mrs. Monika Kohli, Sr. AAG

****

CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE JUDGMENT (ORAL)

01. The petitioner had first come forward with the writ petition WP(C) No. 381/2021 bearing a purported claim that for the works executed by him dating back in the year 2014 pursuant to the sanction granted by the Superintending Engineer, Irrigation and FC Division, Poonch vide communication No.

SEP/Hyd/1719 dated 21.02.2014 . But of all the

eight completed works he came to be paid only for three works whereas for the rest of five works remained held-up for which his entitlement to

WP(C) No. 3443/2025

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payment was undisputed and therefore, reckoned his claim to be that of an admitted liability for earning a writ of mandamus.

02. This Court, in terms of an order dated 17.11.2023, came to dispose of said writ petition WP(C) No. 381/2021 with respect to purported claim of petitioner for payment of Rs. 20.5174 lacs with a direction to the writ respondents therein who being the Chief Engineer, Irrigation and Flood Control Department, Jammu ; The Superintending Engineer, Hydraulic Circle, Poonch and the Executive Engineer, Irrigation & Flood Control Division, Poonch to consider the admitted liability claim of the petitioner subject to verification of bills provided there was no legal impediment in the matter of release of the claim of the petitioner.

03. The requisite exercise was to be done by said three respondents within a period of six weeks from the date of receipt of a certified copy of said order to be made available to them.

04. The direction of the writ Court, in terms of said order dated 17.11.2023, has come to be carried into

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compliance at the end of the Superintending Engineer, Hydraulic Circle, Poonch by an order No. SEP/Hyd/03 of 2025-26 dated 20.05.2025 thereby holding the claim of the petitioner being devoid of merits for the reasons as recited in the said order.

05. When this Court peruses the order No. SEP/Hyd/03 of 2025-26 dated 20.05.2025 of the Superintending Engineer, Hydraulic Circle, Poonch, this Court finds that there is no effort on the part of the Superintending Engineer, Hydraulic Circle, Poonch, to advert himself to the documents on the basis of which the petitioner is staking his claim of having done the work allotted so as to have the claim for earning the admitted liability amount. In this regard, this Court refers to the annexures which are :-

I. A communication No. IFCP/2359 dated 16.03.2016 issued by the office of the Executive Engineer I&FC Division, Poonch addressed to the Superintending Engineer, Hydraulic Circle, Poonch.

II. A communication No. SEP/Hyd/2212 dated 18.03.2016 issued by the office of the Superintending Engineer, Hydraulic Circle,

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Poonch addressed to the Chief Engineer, I&FC Department, Jammu.

III. A communication No. IFCP/1969-70 dated 23.08.2019 issued by the office of the Executive Engineer Irrigation & Flood Control Division, Poonch addressed to the Superintendent Engineer, Hydraulic Circle, Poonch.

IV. A communication No. IFCP/4411 dated 18.01.2020 issued by the office of the Executive Engineer Irrigation & Flood Control Division, Poonch addressed to the Superintendent Engineer, Hydraulic Circle, Poonch.

V. A communication No. SSEP/Hyd/2207 dated 20.01.2020 issued by the office of the Superintending Engineer Hydraulic Circle, Poonch addressed to the Chief Engineer, I&FC Department, Jammu.

VI. A communication No. ISDP/94 dated 08.03.2021 issued by the office of the Assistant Executive Engineer Irrigation SubDivision, Poonch addressed to the Executive Engineer, I&F.C. Division, Poonch.

VII. List of works issued by the Assistant Executive Engineer, Irrigation Sub-Division, Poonch.

06. Interestingly, it is none else than Superintending Engineer, Hydraulic Circle, Poonch who himself was recommending to the Chief Engineer, Irrigation & Flood Control Department, Jammu for release of

funds to the tune of Rs. 36.03 lacs for facilitating

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payment to none else than the petitioner herein on account of having executed the works during the year 2013-14.

07. In the light of the aforesaid, this Court is inclined to dispose of this writ petition at its very inception stage by setting aside the consideration order No. SEP/Hyd/03 of 2025-26 dated 20.05.2025 with a direction to the Superintending Engineer, Hydraulic Circle, Poonch to pass fresh consideration order after considering the aforesaid official correspondences by dealing with same and passing the consideration order afresh accordingly, be it in favour or against the petitioner.

08. This Court makes it clear that it has not made any observation/s on the merits of the case for and against the either side leaving it free for the Superintending Engineer, Hydraulic Circle, Poonch to exercise his application of administrative mind on

the facts obtaining before him and then to pass consideration order within a period of three months from the date of passing of this order.

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09. The petitioner shall also be heard in support of his claim by the Superintending Engineer, Hydraulic Circle, Poonch before passing the final consideration order.

10. This writ petition is accordingly, disposed of.

(RAHUL BHARTI) JUDGE

JAMMU
05.12.2025

SUNIL
Whether the order is speaking ? : Yes/No
Whether the order is reportable ? : Yes/No

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