Akshay Jamwal v. Ut of J and K Th. Commissioner Secretary, Public Works (R and B) Department, Jammu and Others

ORDER (ORAL)

¶1In this petition, the petitioner herein is seeking a direction upon the respondents to release the payment of Rs. 1,23,91,180/- along with interest @ 18% in his favour for the works executed by the petitioner in pursuance to E-NIT No. CD-I/27 of 2018-19 dated 28.05.2018 and allotment order no. 2899-2903 dated 29.06.2018.

¶2Pursuant to the declaration of the petitioner as L-1 with regard to E-NIT No. CD-I/27 of 2018-19 dated 28.05.2018, the respondents are stated to have issued allotment order bearing No. 2899-2903 dated

29.06.2018, whereby the petitioner has been allotted execution of the work "upgradation of roads in Sectors A, B and C in Sainik Colony by way of providing and laying of WMM, 50 mm thick BM and 25 mm thick SDBC, widening of shoulders and construction of Pucca Drain". Subsequent to the allotment of the aforesaid works, post Sr. No. 234

facto administration approval was accorded at an estimated cost of Rs. 182.83 lacs (Rupees One Crore Eighty Two Lacs and Eighty Three Thousand only). The petitioner is stated to have completed the allotted works.

¶3Respondents have not released the outstanding amount of Rs. 1,23,91,180/- in favour of the petitioner till date. It is also stated by learned counsel for the petitioner that the liability has been admitted by the respondents, which is so reflected in various inter se communications to 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.

¶4Petitioner herein is aggrieved of the inaction of the respondents for causing delay in releasing the full payment due to him for execution of the works duly allotted by the respondents and, as such, is seeking direction upon the respondents to release outstanding amount of Rs. 1,23,91,180/-.

¶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.

¶6Ms. Mehar Bali, learned counsel submits that the she is not averse to the proposition made by learned counsel for the petitioner.

¶7Be that as it may, having regard to the submission made by learned counsel for the petitioner, the instant 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

19.05.2026 Manik Whether this order is speaking: Yes Whether this order is reportable: No

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 1435/2026 Date of pronouncement: 19.05.2026 Date of uploading: 20.05.2026. Akshay Jamwal .....Applicant(s)/Petitioner(s) Through :- Mr. Manik Bhardwaj, Advocate v/s UT of J&K and Others .....Respondent(s) Through :- Ms. Mehar Bali, Advocate vice Mr. Ravinder Gupta, AAG CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE