Mohd. Imran Bhat vs Union Territory Of J&K And Others

Rajnesh Oswal, J

With the consent of the learned counsel for the parties, the present petition was taken up for final consideration.

The petitioner claims to have executed the work of construction of link road from Jamia Masjid Sharief at Gool by way of e-work cutting in Km 1stRD(0-150), allotted to the petitioner pursuant to the e-NIT No. 32 of 2018-19 dated 06.11.2018. The respondents have prepared a running account bill mentioning therein that the work has been completed within time and the same was submitted to the concerned department for release of the amount in favour of the petitioner. After completion of the work, an amount of Rs. 1.15 lacs was released in favour of the petitioner and rest of the amount of Rs. 2,04,700/-was not received by the petitioner. The petitioner has placed on record a communication dated 16.07.2020 issued by the respondent No. 3 addressed to respondent No. 2 to submit CC 2nd in favour of the petitioner for the work done by him. Aggrieved of the non-payment of the balance amount, the petitioner has filed the present petition.

Response stands filed by the respondents. In fact, there is another writ petition filed by the same petitioner bearing WP(C) No. 13/2022 in which the respondents have also filed the response, but the respondents have wrongly numbered their objections to both the writ petitions, as such, the response filed in WP(C) No. 13/2022 was considered as response to the present petition on behalf of the respondents.

In the response, it has been stated that the construction of road, namely, Jamia Masjid Sharief at Gool by way of e-work cutting in Km 1stRD(0-150) was kept in District Plan in the year, 2018-19 and CC 1st payment to the tune of Rs. 1.15 lacs were paid to the petitioner(contractor) out of the total claim of Rs. 3,19,700/-. It is further stated that the road was dropped from next year 2019-22 District Plan and no funds till date have been received in this scheme as the scheme did not get approval. It is simultaneously stated that the respondent No. 2 will reflect liability in upcoming year District Plan of the year 2022-23 and demand funds under this road scheme to clear the liability of the contractor, petitioner herein, if any. It is also stated that as soon as funds are available to the office of respondent No. 2 regarding the liability of the petitioner, payment will be made to the petitioner without any delay after verification of work measurements and bill quantities duly verified by concerned Assistant Executive Engineer as per allotment and other codal formalities.

Mr. Mohinder Kumar, learned counsel for the petitioner has vehemently argued that the respondents have admitted their liability of the balance amount of Rs. 2,04,700/- payable to the petitioner.

Mr. Ravinder Gupta, learned AAG has vehemently submitted that the work measurement is yet to be verified thereafter, the balance payment has to be made.

Heard and perused the record.

From the record, it is evident that the liability is to be cleared after work measurements and bill quantities are verified by the Assistant Executive Engineer concerned as per allotment. The respondents have stated in their response that the payment will be made as soon as the funds are made available to the Division and the same would be released after verification of the work measurements and bill quantities by the concerned Assistant Executive Engineers.

In view of all what has been discussed above, the present petition is disposed of with a direction to the respondents to complete all the necessary formalities and release the amount of Rs. 2,04,700/- in favour of the petitioner within further period of three months from the date the copy of this order is provided to the respondents. If the payment is not made within the said period, it shall further carry interest at the rate of 6% per annum from the date of filing of the instant writ petition.

Disposed of.