M.G.Contractors Pvt. Ltd. vs State of J&K and ors.

The petitioner is a Company registered under Companies Act, engaged in executing work-contract, based on a tender floated by respondent

No. 4. The nature of work was improvements and upgradation of Bhaderwah Chamba road Km 8th R 500 to Km 50th by way of removal of

consolidated slips, widening, walling, cross drainage works including Bridges, WBH G-1, G-II and G-III Macadamization and BT Works, in

District Doda. The work order was issued on 20.03.2010 (Annexure-B to the writ petition). The work was completed in time after extension of

time. Certificate of completion is Annexure-F page 155 to the writ petition.

For execution of the work, there is correspondence which emanates from respondent Nos. 4 and 3 (Annexure-G to the writ petition).

Since the competent authority to get the work executed under the said scheme has already given approval for release of funds and part

payments have been released, it is clear that the work has been executed and the payments have been made from time to time. The balance

amount due to the petitioner has not been paid despite lapse of time. The petitioner is suffering financial constraint and he has suffered loss of

interest because of financial implications.

Heard learned counsel for the parties.

The details of the claims are set out in Annexure-E, page 154 to the writ petition. By nature of order to be passed and after putting the

respondents to notice, the Court is inclined to Admit the writ petition to hearing and take it up for final disposal.

Mrs. Sindhu Sharma, learned Assistant Solicitor General of India states that the claim of the petitioner will be processed as early as possible

based on the recommendations made by the authority. It is pointed out that at the first instance the funds are to be released by respondent Nos. 2,

3 4 and thereafter it will be reimbursed by respondent No. 5.

Mr. Faraz Iqbal, learned Government Advocate appearing for the State-respondents states that certain formalities have to be completed before

release of the funds. If the petitioner has already discharged the requisite formalities then the respondents will accord consideration to the claim of

the petitioner.

In view of the above, writ petition is disposed of with a direction to the respondents-authority to take up the case of the petitioner and if the

work is already executed as required under the contract, respondent Nos. 2, 3 and 4 to accord consideration for release and disburse the amount

to the petitioner without any delay, preferably within a period of eight weeks from the date of receipt of copy of this order.

Writ petition is disposed of as above along with connected MP (s).