Bharat Bushan Khajuria v. Shaleen Kabra Commissioner Secretary Deptt of Jal Shakti and Others

ORDER

13.10.2025

¶01The instant contempt petition arises out of an order/judgment dated

12.09.2018 passed by this Court in OWP No. 1798/2018, by virtue of which the writ petition preferred by the petitioner was disposed of with a direction to respondent no. 2 to make payment of the admitted amount, which was due and payable to the petitioner within a period of six weeks from the date of receipt of a certified copy of the order passed by this Court.

¶02Pursuant thereto, an application was preferred by the petitioner, registered as AP OWP No. 324/2018, which was disposed of on 13.10.2023, by virtue of which the following correction was made in the aforesaid order:- "The application has been filed by the petitioner seeking correction in the order dated 12.09.2018 passed in OWP No. 1798/2018 which stands disposed of by this Court by virtue of the said order. The words "Restoration/Improvement of channel at Shahpur I-Well (C1, C2, C3)" as mentioned in para 8 of the present application shall be read for the words Sr. No. 27 2 | P a g e CCP(S) No. 112/2024 IN

"for restoration of Canal section/Berms/Inspection Road totally damaged at sports from RD:82570-83490M (RD: 82856M left side and Main Ravi Canal) (Part A)" in the order dated 12.09.2018. Rest of the order shall remain same. The present application is, accordingly, disposed of. Copy of the order be placed in the disposed of writ petition and nothing be made in the file."

¶03Since the aforesaid order, followed by order dated 13.10.2023, was not complied with, the instant contempt petition was preferred, in which notice was issued on 22.04.2024.

¶04Respondents have filed a detailed status report on 15.09.2025, in which they have taken a specific stand that the claims related to the works have already been examined by Divisional Office. It has been observed that the payment for Work No. II, namely, Restoration/Improvement of Channel at Shahpur I-Well, has already been released in favour of the petitioner vide CV No. 158 dated

29.03.2017. However, the claim for Work No. 1, namely, Construction of Pump Room cum Operator Quarter and D-Tank at Shahpur Tubewell, has been rejected due to non-compliance with codal formalities and the absence of a proper tendering process.

¶05Respondents have further stated in the status report that the petitioner has failed to provide any supporting documents or details substantiating the claim outstanding amount of Rs. 1,35,000/-. In this regard, a detailed speaking order No. 62-E of 2024-25 dated 11.11.2024, passed by the concerned Executive Engineer, has been placed on record along with the status report. A bare perusal of the said speaking order reveals that the petitioner's claim for the pending payments for the works reflected therein was duly considered and examined in light of the relevant record but was found devoid of merit, and was accordingly rejected by the detailed speaking order dated 11.11.2024. 3 | P a g e CCP(S) No. 112/2024 IN

¶06In view of the stand taken by the respondents in the status report and the detailed speaking order, this Court is of the view that the order/judgment dated

12.09.2018 passed by this Court stands complied with, as the order was specific to the extent of directing the respondents to make payment of the admitted amount due and payable to the petitioner.

¶07Accordingly, proceedings in the instant contempt are closed. Rule, if any, shall stand discharged. However, dismissal of the instant contempt petition shall not come in the way of the petitioner to challenge the speaking order mentioned (supra) by way of appropriate proceedings, if so advised.

¶08Disposed of, accordingly.

(WASIM SADIQ NARGAL)

JUDGE

JAMMU

13.10.2025 Mihul

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CCP(S) No. 112/2024 IN Bharat Bhushan Khajuria ..... Petitioner(s)/Appellant(s) Through :- Ms. Arsha Sharma, Advocate vice Mr. Sachin Gupta, Advocate Vs Shaleen Kabra Commissioner Secretary Deptt. of Jal Shakti and Ors. .....Respondent(s) Through :- Mrs. Monika Kohli, Sr. AAG CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE