Jammu & Kashmir High Court - Srinagar Bench
Mohammad Qasim Sheikh & Ors vs Ut Of J&K & Others on 8 May, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
HIGH COURT OF JAMMU &KASHMIR AND LADAKHAT
SRINAGAR
Reserved on: 18.03.2025
Pronounced on: 08.05.2025
WP(C) No.850/2021
c/w
CCP(S) No.64/2022
MOHAMMAD QASIM SHEIKH & ORS. ...PETITIONER(S)
Through: Mr. Hilal Ahmad Wani, Advocate.
Vs.
UT OF J&K & OTHERS ...RESPONDENT(S)
Through: Mr. Ilyas Laway, GA.
CORAM:HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
JUDGMENT
WP(C) No.850/2021
1. The petitioners are the contractors and they have filed the instant petition jointly for directing the respondents to release payment in lieu of the works executed by them. The details of the work carried out and the balance amount payable to the petitioners have been stated by them in a tabulated form in the writ petition.
2. It is submitted by the petitioners that they had completed the works and even submitted the final bills, and the Assistant Executive Engineer had also issued the certificates of completion of work in their favour. Page 1 of 9
3. The respondents have filed their response asserting therein that the petitioners have raised disputed questions of facts which cannot be adjudicated upon by this Court in its extraordinary jurisdiction. In response to the claim of the petitioners with regard to the works executed by them, it is stated by the respondents that the petitioners have executed the works either without following codal procedures or exceeding the allotted costs without requisite accord. It is also the stand of the respondents that the executed works are not reflected in any works programme and the same are beyond the allotted work. The respondents have placed on record the details of the cost of the allotted works, work done and the amount paid.
4. Mr. Hilal Ahmad Wani, learned counsel for the petitioners, has argued that the petitioners have executed the works only at the instance of the respondents and the respondents cannot now take the plea of lack of codal formalities for the purpose of denying the genuine claim of the petitioners. He has argued that the works executed by the petitioners have been duly verified by the officials of the respondents.
5. Per contra, Mr. Ilyas Laway, learned counsel for the respondents has submitted that the petitioners have executed Page 2 of 9 the works in excess of the allotted works without requisite sanction and, as such, they are not entitled to the amount claimed by them.
6. Heard and perused the record.
7. The contention of the respondents is twofold i.e. the works have been executed without codal formalities and some works have been executed in excess. The respondents have furnished the details of the advertised cost, work done and the excess work done by the petitioners, which are reproduced as under:
S. Name of the No & date No.& date of Name of work Adv. Allotted Work Amt. Excess Year No. contractor of allotment cost cost done paid work agreement done
1. Mohd Qasim - 8547-49 of Const. of road from Aga Sheikh 29-12-2016 Sahib junction to Bon S/o: Ghulam Mohalla Kaipora via Zabar 4.75 4.'75 35.347 2017- 0.00 644% Rasool Khak Budgam Lacs Lacs Lacs 18 Sheikh R/o Budgam
2. Mohd Qasim - 1265-67 of Restoration of surface Sheikh S/o: 27.3.2017 b.w.o. Khak bajri & Ghulam WBM G-II to Gulberg 5.85 25.61 2017-
8 .00 338% Rasool Colony Sec:6 at Lacs Lacs 18 Sheikh R/o Hyderpora. 5.85 Budgam lacs
3. Mohd Qasim S.A 354 12134-36 Const. of CC drain in km Sheikh S/o of 09- dated 1st Near S.P office 161.66 Ghulam 2017 07.3.2017 Budgam pollar 4.96 12.93 9.80 2017-
- % Rasool Lakhripora road Lacs Lacs Lacs 18 Sheikh R/o Budgam 4 Mohd Qasim 12962-64 Const. of R/W near H/o: Sheikh S/o: of 27-63- Ghulam Rasool Wani at Ghulam - 2017 Lakhripora Budgam 3.03 3.03 12.99 328.38 2017- 7.00 Rasool Lacs Lacs Lacs % 18 Sheikh R/o Budgam 5 M/S Wangoo Fixation of contract group of for upgradation of Engineers - 10913-15 Kharpath Mohalla/ 2.90 3.52 28.0 3 728.41 G/L Muneer of 21-10- Khahuin Mohalla link 3.20 Lacs Lacs Lacs % Gul R/o 2017 road b.w.o. E/Wall Nagrat Khah p/L of GSB 2017- Budgam 2017-18 18 Page 3 of 9 6 M/S Wangoo 11883-85 of Improvement of group of 28-12-2018 Kalshipora Shanipora Engineers - Road b.w.o. of const. of 9.00 11.32 5.00 2018- G/L Muneer R/W GSB Course & P/L of 0.00 Lacs Lacs Lacs 19 Gul R/o WBM G-II - Nagrat Khah Budgam 7. M/S 6899-690 of Const. of RCC pipes Wangnoo 15-09-2018 drain on link road group of - leading to H/0 shabir Engineers Ahmad and others FCI 8.30 9.50 14.04 2018- 9.00 47.49% G/L Muneer link sheikhpora lacs Lacs Lacs . 19 Gul R/o: Nagrat Khah.. Budgam 8. M/S Const. of link road at Wangnoo Khanpora Budgam group of - on Wadipora ITI link 13446-48 Engineers 2.56 2.56 1.46 2017- of 02-12- 0.00 G/LMuneer Lacs Lacs Lacs 18 2017 Gul R/o: Nagrat Khah Budgam 9. M/S 108 of Restoration of - - 2.60 2.30 - 2017- Wangnoo 12/2o19 temporary diversion of Lacs Lacs 18 group of Mamath Bridge Engineers damaged due to rainfall G/LMuneer of 11-06-2019 Gul R/o: Nagrat Khah Budgam 10. Mohd Azhar 676 of - Restoration of surface 10.00 - 2017 u Din 01-2018 b.w.o. P/L of Khak Bajri Lacs 18 Wangoo & WBM G-II to - S/o Ghulam Hassanabad west & 31.95 - Mohamad colony & Haq lane at Lacs R/o Nagrat Hyder & WBM G-II to Khah west & colony Hyder. Budgam 11. Mohd Azhar Const. of RCC spun pipe 0.00 - 2017- u Din drain at Noorani colony 18 Wangoo - & other roads at circular 12043-45 S/o Ghulam road Sheikhpora 16.65La 9.07 6.39 of 21-11- Mohamad cs Lacs Lacs 2017 R/o Nagrat Khah Budgam 12. Ghulam Improvement of 3 No's 8.10 822.48 2017- Hassan 12011-13 of link on Budgam Lacs % 18 Sheikh S/o: of 04-03- Ichgam road near 1.29 1.29 11.90 _ Wall Mohd. 2017 Zoorigund Lacs Lacs Lacs Sheikh R/o: Budgam 13. Aijaz Ahmad Const. of p/L near H/o: 2017- Dar Ali Mohd. Ahangar at 18 S/o: Haji 130.00 Parnew Bugroo road. 1.11 4.00 Abdul Ahad _ 3174-76 of 1.11 260% Lac Lacs Dar R/o: 05-06-2017 Lac Choon Budgam 14. Bashir 51 of 12- - Coast. of temporary Ahmad Bhat 2018 diversion to the - - 11.58 11.00 - 2017- S/o Haji eviciting damaged Lacs Lacs 18 Page 4 of 9 Bakir Bhat Budgam Mamath R/o: Budgam bridge b.w.o. P/L of RCC spun pipes & GSB filling 15. Bilal Ahmad 51 of 12- Upgradation of 2.50 2018- Wani 2018 machine Hard Malpora Lacs 19 S/o: road Km 1st - 2nd b.w.o Mushtaq GSB 7.95 Ahmad R/o: Sodipora Beerwah 16. Bilal Ahmad P/L of WBM G-II to Wani S/o: Ziyarat Baba Hanief ud 754 of Mushtaq din road machanai 03-02- Ahmad - Ratsun Beerwah - - 13.44 5.16 - 2018- 2017- Wani R/o: lacs 19 18 Sodipora Beerwah 17. Ghulam Nabi - 13790-92 Restoration of Adina 34.66 162.55 Mir of 11-02- Drugger via Makhama 15.15 Lacs % 2017 return Km 2nd to 8th by 19.00 Lacs 39.77 filling P/L of WBM G-II Lacs Lacs including const. of kacha drain. 18. Alnoor group 14719-21 Fixation contract for of - of 23-12- dev. Of shoulders on engineering 2017 newly macadamized 6.13 6.00 95.76 2017- (G/L) Adina Mazhama Lacs Lacs % 18 namely Ishrat Mohi- 5.45 12.00 us- din S/o: Lacs Lacs Ghulam Mohi-ud-din R/o: Mazhama Budgam 19. M/S Green - 12374-76 Const. of MTR span RCC 4.73 4.73 4.73 54.35 2017- Wood Const. of 15-03- culvert in Km 4th of lacs lacs lacs % 18 7.30 G/L Arshid 2017 Sodipora Rankipora lacs Ahmad Bhat Warigam road village Mohsun 20. M/S Prime - 9544-46 of Cons. Of cement 7.04 7.52 9.55 198.40 2015- engineers 03-11-2015 concrete drain in Km 1st lacs lacs lacs % 16 22.44 G/L Shabir of Gundipora Hakripora lacs Hussain Bhat road at Gundipora R/o: Budgam 21. M/S Prime 7622-24 of Restoration of Hakhlatri 2.79 2.79 2.50 89.25 2017- engineers 09-12-2016 dances road b.w.o road lacs lacs 5.28 lacs % 18 G/l Shabir dressing and P.L of lacs Hussain Bhat b.w.o G-II 22. Manzoor 56 of 12- 4529-31 A B & C upgradation of 4.94 12.69 575.91 Ahmad wani 2016 dated 07- Danus pethkote road lacs Lacs % S/o: Ghulam 08-2014 b.w.o improvement to Mohi-ud-in E/W of WBM G-ii Wani R/o: including. Laying of RCC 33.39 Nasrullah P/L (B) Upgradation up lacs pora Mashan road dasun Budgam allied links of sodipora rankipora road b.w.o GSB filling WBM G-II & laying Pipes. 23. Manzoor 138 of 3936-38 of Const. of B/Wall in Km 13.11 Ahmad Wani 08-2015 27-07-2014 15t RD 400 on - Lacs S/o: Ghulam Jawalapora Watrihal Page 5 of 9 Mohi-ud-in road near II/o: Abdul Wani R/o Aziz Dar & ors 77453 5.93 - 2016- Nasrullahpor Lacs 17 a Budgam 24. M/S 4825-27 of Improvement of road Paradise 13-08-2014 from Khaspora to const. G/L - Zempora b.w.o. surface 3.5 13.19 Imtiyaz dressing GSB filling in Lacs 3.89 Lacs 7.18 239% 2015- Ahmad P/S & const. of R/W at Lacs Lacs 16 Ganie different spots 25. M/S High 373 of 11327-29 of Improvement of link tech 10-2017- 20-02-2017 road lead to Hardwail to 2.05 engineer Akerwail road b.w.o P/L - 2.05 1.73 - 2017- Lacs G/L Mohd. WBM G-II lass Lacs 18 Rafiq Dar 26. Mohd. Altaf 459 of - Restoration of Khag Wani 03-2016 trpay road b.w.o. S/o: Ghulam removal of Hockadar pic Mohi ud din of WBM G-II 4.83 Wani - - - 2015- Lacs R/o: - 16 Nasrullahp- ora Budgam 27. Mohd. Altaf Const. of retaining wall Wani at gund Akerwail S/o: Ghulam Hardwail Mohi ud din 62 of 03- 5.69 - Wani R/o: 2018 - Lacs 0.90 - 2017- Nasrullahpor - Lac 18 a Budgam 28. Syed Lateef 1025 of Spun RCC Culvert at S/o Syed 03-2018 chamboora road Mohd - E/F GSB filling WBM G-II 19.55 11.20 100% 2017- - Yaseen r/o in full and Drainage - Lacs Lacs 18 Arigam pipes Khansahib 29. Manzoor 4156.58 Restt. Of approach at Ahmad Mir of 2015 Arigam Bridge in KM S/o: Gh approval - 2"d of Arigam Shalinar 86.39 2017- 5.48 Rasoo Mir Agg.No: road (Shalinar side) - 2.94 1.00 % 18 Lacs R/o:Nambel 1074/Ag Lacs Lacs har g 03- Khansahib 2018 30. Syed Hilal 5469-70 Restt.of Reyar road Ahmad of 01-08- - b.w.o. P/L of 2cm thick S/o: Syed 2015 OGPC in P/S , B. P/1.. of 0.70 28.01 Mohd Agg. 123 GSB filling 10 Arigam 0.84 26.00 3234.5 2015- Lac Lacs Yaseen of Road & Const. of main Lacs Lacs 2% 16 R/o:Arigam 05-2017 road Bugroo to Arigam Khansahib b.w.o. GSB filling 31. M/S Sheikh 3918-20 of Link road taking to and Sons 23-06-2018 Yateem Trust illahi at Prop. Saif u Khansahib b.w.o. din Sheikh - earthwork P/L of WBM 0.95 34.30 S/o: Mohd G-II and G-III 0.95 29.09 3510.5 2015- Lacs Lacs Abduulah Lacs Lacs 2 16 Sheikh % R/o Arigam Khansahib 32. M/S Sheikh 10846-48 Const. of Arigam - and Sons (supp. - Husungund road b.w.o. Page 6 of 9 Prop. Saif u 1073 of earthwork GSB filling din Sheikh 03-2018) incl. Drainage S/o: Mohd pipes . 14.72 23.38 16.19 58.83 2016- Abduulah 2.Constt.Of road from Lacs Lacs Lacs % 17 Sheikh Arigam to Shamasabad R/o Arigam b.w.o. E/W GSB filling Khansahib 33. Mohd Latief 7174-76 Const. of approach road Shah Agg No: to Reena complex S/o: Mohd 153/Sup. - Khansahib repairs renut - 39.54 Yaseen Shah 06-2017 nallah 15.52 26.00 - 2017- Lacs R/o: Arigam Lacs Lacs 18 Khansahib 34. Ali Mohd 691 of Upgrdation of Khan 11-2018 - road from main S/o: road to Bon 16.35 Sonaullah shalinar - - 4.82 - 2017- Lacs Khan Lacs 18 Rio: Arigam Budgam 35. Ali Mohd 410 of Improvement of link Khan S/o: 10-2017 - road leading to main Sonaullali road pall maidan to 38.62 4.00 - 2016- - Khan R/o: basant wilder. - Lacs Lacs 17 Arigam Budgam 36. Ghulam Nabi 13790-92 Fixation of contract for 2016- Mir of 11-02- - const. of road from 17 2016 Machama upto play ground b.w.o. improvement to E/W
GSB filling include laying
- 43.46 of X drainage pipes. 41.04 30.46 -
Lacs Rest of Adina Drugger Lacs Lacs Via Makhama Rathsun KM 18th b.w.o. GSB, P/L WBM G-II incl. const .of Kacha drain.
8. It is contented by the respondents that the excess work has been executed by the petitioners without authorization. This court is surprised that in many cases, the percentage of excess work executed by some of the petitioners has exceeded as high as 700%. How the work, which was to be executed say at Rs.1 lac has been executed at Rs. 7 lacs, is required to be examined, but at the same time the respondents have not denied their liability in respect of works executed by the petitioners at the allotted costs though in some cases Page 7 of 9 amounts have been paid to some of the petitioners in full or in part.
9. Admit.
10. Issue post admission notice. Notice waived by Mr. Illiyas Laway, G.A.
11. The respondents, more particularly the respondent No.1 concerned shall file counter-affidavit demonstrating and explaining, as to how the work was executed in excess of the work allotted, by the petitioners without authorization, in each case individually. While filing the counter-affidavit, the respondents shall also state as to whether the works have been executed on spot or not, after conducting the spot inspection. The petitioners shall be at liberty to file rejoinder to the same. The respondents are directed to release the admitted amount in favour of the petitioners who have executed the works equal to the advertised/allotted cost but not paid, as mentioned in Annexure-I appended with the objections filed by the respondents along with interest @ 6% per annum from the date of filing of writ petition till the amount is paid.
12. List on 02.06.2025. Page 8 of 9 CCP(S) No.64/2022
The contempt petition shall be considered along with main writ petition.
(RAJNESH OSWAL) JUDGE Srinagar 08.05.2025 "Bhat Altaf-Secy"
Whether the order is reportable: No Nissar Ahmad Bhat I attest to the accuracy and Page 9 of 9 authenticity of this document 09.05.2025 10:17