Jammu & Kashmir High Court
Karnail Singh vs Ut Of J&K And Ors on 22 October, 2021
Author: Sindhu Sharma
Bench: Sindhu Sharma
Sr. No. 207
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2289/2021
CM No. 8133/2021
Karnail Singh .... Petitioner/Appellant(s)
Through:- Mr. A.S. Kotwal, Advocate.
V/s
UT of J&K and ors. .....Respondent(s)
Through:- Mr. Ayjaz Lone, Dy. AG.
CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
1. The petitioner was allotted work for the construction of temporary accommodation for establishment of new Kendriya Vidyalaya at Jodhpur. It appears that the project was started pursuant to the directions of the then Hon'ble Chief Minister J&K during Public Darbar held at Doda on 10.12.2017. The work allotted to the petitioner was completed by him and requested respondents to release the payment admissible to him as per the execution of the work. The respondent No. 2 vide order dated 14.01.2019 accorded post-facto sanction to the grant of Administrative Approval for the construction of temporary accommodation for establishment of new Kendriya Vidyalaya at Jodhpur was granted at an estimated cost of Rs. 36.36 lacs for funding under JKIDFC Languishing Projects for the financial year 2018-19.
2. The Director, Rural Development, Jammu, vide communication dated 21.12.2020 has written the respondent No. 1 and requested for funds for clearing the work done liability with regard to claim of the petitioner for construction of temporary accommodation for establishment of new Kendriya Vidyalaya at Jodhpur of Rs. 28 lacs.
2 WP(C) No. 2289/2021
3. The grievance of the petitioner is that the liability having been admitted by the respondents has not been paid to him by the respondents despite repeated representations to them.
4. It is well settled principle of law that where the respondents have admitted the liability, the petition can be entertained and relief may be granted to the petitioner.
5. In 'M/s Surya Construction Vs. The State of U.P. in Civil Appeal No. 2610/2010 dated02.05.2010' it is held that even in the realm of contract, this Court can interfere under Article 226 of the Constitution of India as held in ABL International Ltd. and Another V. Export Credit Guarantee Corporation of India Ltd. and Others (2004 (3) SCC 553). The work being completed long back there being no dispute on amount and payment being admitted by the respondents, same cannot be denied on the grounds of non availability of funds when allotment of contract and the work stands executed.
6. In view of the aforesaid, this petition is disposed of at this stage itself with a direction to the respondents to consider and release the outstanding admitted liability payable to the petitioner for execution of work of construction of temporary accommodation for establishment of new Kendriya Vidyalaya at Jodhpur in terms of the communication dated 21.12.2020 within a period of six weeks' from the date a copy of this order alongwith writ petition is made available to the respondents by the petitioner
7. Disposed of along with connected application(s).
(Sindhu Sharma) Judge JAMMU 22.10.2021 MICHAL