Jammu & Kashmir High Court
M/S J. S. Choudhary And Sons vs Ut Of J&K And Others on 8 May, 2023
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
Sr. No. 12
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1136/2023
CM No. 2647/2023
M/s J. S. Choudhary and Sons .....Appellant(s)/Petitioner(s)
Through: Mr. Prem N Sadotra, Advocate.
Vs
UT of J&K and others ..... Respondent(s)
Through: Mr. Ranjeet Singh Jamwal, AAG.
Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
08.05.2023
1. The petitioner in the instant petition filed under Article 226 of the Constitution of India seeks a writ of mandamus against the respondents for commanding them to release an admitted liability of the petitioner to the tune of Rs. 31,32,749/- along with interest @ of 18 % per annum on account of works executed under and in terms of NIT No. SEMU/JS 441/880-83 dated 18.05.2015.
2. Learned counsel for the petitioner would contend that the petitioner successfully executed and completed the works in question and, though, the respondents released part payment in favour of the petitioner yet withheld an admitted liability of the amount of Rs. 31,32,749/- without any justification and did not release the same in his favour despite repeated demands and requests made in this regard.
3. Learned counsel for the petitioner, in view of the short nature of controversy involved in the writ petition would pray for the disposal of the writ 2 WP(C) No. 1136/2023 petition at this stage within an innocuous direction to the respondents to consider the claim of the petitioner for release of the amount of admitted liability along with interest as prayed within some stipulated period.
4. Having regard to the nature of controversy involved in the writ petition coupled with the submissions made by the learned counsel for the petitioner, Mr. R. S. Jamwal, learned AAG enters appearance and waives notice on behalf of the respondents. Mr. Jamwal, though, is not averse to the disposal of the petition at this stage, however, would contend that the claim of the petitioner would be considered on its own merits and in accordance with law and applicable rules.
5. In view of the aforesaid facts and circumstances, the instant petition is taken up for final disposal and is disposed of with a direction to the respondents to accord consideration to the claim of the petitioner as projected in the petition within eight weeks from the date a copy of this order and a copy of the writ petition along with annexures is produced by the petitioner before the respondents.
6. The consideration be accorded in accordance with law and rules applicable and uninfluenced by any observation made by this Court.
7. Disposed of, accordingly.
(JAVED IQBAL WANI) JUDGE Jammu 08.05.2023 Shivalee Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No