M/S Tripple S Associates Hot Mix Plant Th Satish Singh Jamwal v. Ut of J and K Th Commissioner Secretary, Public Works (R and B) Department, Jammu and Others

ORDER

06.04.2026

¶1By this petition, the petitioner herein is seeking a direction upon the respondents to release the outstanding liability duly admitted by the respondents with respect to the contract works executed by the petitioner. It is prayed that the respondents be directed to release the outstanding payment of Rs.51,85,456/- along with interest @ 18% per annum from the date of completion of the work. Sr. No. 05

¶2Pursuant to the declaration of the petitioner as L-1 with regard to E-NIT No.50 of 2016-17 dated 07..11.2016, the respondents are stated to have issued allotment orders bearing, Nos.SEJ/-9235-37 dated 17th January, 2017, whereby the petitioner has been allotted execution of the work "providing and laying 50 mm thick bituminous macadam and 25 mm thick SDFBC on Ghagwal and Samba area." Subsequent to the allotment of the aforesaid works, post facto administration approval was accorded at an estimated cost of Rs.2,62,82,000.00 The petitioner is stated to have completed the allotted works.

¶3Respondents are stated to have released part payment in favour of the petitioner and the outstanding amount of Rs.51,85,456/- has not been released by the respondents till date. It is also stated that the liability has been admitted by the respondents, which is so reflected in various inter-se communications of the respondents, copies whereof are placed on record. According to the petitioner, several requests have been made to the respondents for release of the outstanding amount. Even, a legal notice has been issued to the respondents thereby calling upon the respondents to release the outstanding amount but all in vain.

¶4Petitioner herein is aggrieved of the inaction of the respondents for causing delay in releasing the balance payment due to him for execution of the works duly allotted by the respondents and, as such, is seeking direction upon respondents to release the outstanding amount of Rs. 51,85,456.00.

¶5Learned counsel for the petitioner submits that he would feel satisfied if the respondents are directed to consider the case of the petitioner for release of the outstanding amount in his favour.

¶6Mr. Ravinder Gupta, learned AAG, on the other hands, would submit that the claim projected by the petitioner is time barred, however, he is not averse to the proposition made by the learned counsel for the petitioner.

¶7Be that as it may, having regard to the submission made by learned counsel for the petitioner, the instant writ petition is disposed of at its threshold, with a direction to the respondents to consider the claim, after due verification of the bills of the petitioner, as projected in the writ petition, provided there is no legal impediment therefor, and take a decision thereon by passing a speaking order, within a period of two months from the date a certified copy of this Order is made available to the respondents, under rules. The decision so taken by the respondents shall be conveyed to the petitioner.

(Moksha Khajuria Kazmi) Judge Jammu

06.04.2025 Vinod, PS

Whether the order is reportable: No

pHIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Pronounced on:06.04.2026 Uploaded on: 07.04.2026 M/S Tripple S Associates Hot Mix Plant Through its Partner Sh. Satish Singh Jamwal S/o Sh. Gupat Singh Jamwal Age 62 years R/o 272/ 16 Sanik Colony, Jammu. …..Petitioner(s) s Through: Mr. Manik Bhardwaj, Advocate Vs 1. Union Territory of Jammu and Kashmir through Commissioner/Secretary to Government PW(R&B) Department, Civil Secretariat, Jammu/Srinagar 2. Chief Engineer, PW(R&B), Jammu 3. Superintending Engineer PWD(R&B), Jammu-Kathua Circle Jammu 4. Executive Engineer PWD(R&B) Division Samba, District Samba Through: Mr. Ravinder Gupta, AAG Coram: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE