Om Parkash vs. Ut Of J And K Th. Commissioner Secretary Jal Shakti Department Jammu And Others

WP(C)/1473/2024HC Jammu and Kashmir and LadakhGSTCNR JKHC02002954202427 June 2024Bench: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI3 pages
AI SummaryRemanded

Held

The Court, at the initial stage, disposed of the writ petition with a direction to the respondents to seriously consider the petitioner's grievance and make the legitimate outstanding payment without further delay. The Court ordered the respondents to address the petitioner's grievance by making the payment within a period of six weeks. The reasoning appears to be based on the petitioner's submission regarding the admitted liability and the request for fund release, as evidenced by the communication annexed to the petition. The operative direction is for the respondents to make the payment within the stipulated timeframe.

Facts

The petitioner, Om Parkash, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to compel the respondents to release pending payments totaling Rs. 8,45,200/- along with interest. These payments are for construction work executed by the petitioner for providing and laying a gravity main and distribution system at Village Chigla Blotha under a NABARD scheme, as per e-NIT No. 12 of 2021-22 dated 06.05.2021. The petitioner claims the respondents have withheld this payment, causing him financial hardship. He highlighted a communication dated 26.04.2024 from respondent No. 4 to respondent No. 2, which reportedly admits the petitioner's liability and requests the release of funds for payment.

Key Issues

1. Whether the respondents are liable to release the outstanding payment of Rs. 8,45,200/- to the petitioner for the executed construction work, considering the admitted liability as indicated in the communication dated 26.04.2024. Petitioner's Contention: The petitioner argued that the matter could be disposed of at the initial stage by directing the respondents to make the outstanding payment due to him for the completed work. He relied on the communication from respondent No. 4 to respondent No. 2, which he submitted admits his liability and requests the release of funds. Revenue/State's Contention: The judgment does not record any specific arguments or contentions from the respondents.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1473/2024 CM No. 3598/2024 Om Parkash ….. Appellant(s)/Petitioner(s) Through: Mr. Jasbir Singh Jasrotia, Advocate Vs UT of J&K and Ors .…. Respondent(s) Through: . Coram: HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE

ORDER 27.06.2024

1.

Through the medium of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner seeks issuance of writ of mandamus for commanding the respondents to release the pending payments to the tune of Rs. 8,45,200/- along with interest in his favour on account of the execution of the construction work of providing and laying of gravity main and distribution system at Village Chigla Blotha under WSS Chigla Blotha (NABARD) which was allotted to him pursuant to the e-NIT No. 12 of 2021-22 dated 06.05.2021 under endorsement No. JSDU/1262-90 dated 06.05.2021. Sr. No. 14

2.

The case of the petitioner is that pursuant to allotment of the construction work forming the subject matter of the petition, he executed the same, but respondents have withheld his part payment to the

The judgment continues below.

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