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2022 Supreme(J&K) 544

MOHAN LAL
Ali Mohd. Parray – Appellant
Versus
Commissioner Secretary Department of Rural Development Govt. of J&k Civil Sectt. Jammu/srinagar – Respondent


Advocates appeared:
Mr. Rizwan Bhat, Advocate., for the Appellant; Mr. S. Satinder Singh, AAG., for the Respondent

JUDGMENT

1. This Civil 1st Appeal arises out of the judgment and decree dated 23.01.2020 rendered by the court of Principal District Judge Anantnag in Civil Suit titled Ali Mohd Parray Vs. State & Ors. bearing case No.209400027922015 (D.O.I 09.12.2015, D.O.D 23.01.2020) whereby suit of appellant/plaintiff has been dismissed. Being aggrieved, appellant/plaintiff has questioned the legality, propriety and correctness of the impugned judgment and decree and has sought it's setting aside/quashment on the following grounds:-

    (i) that the appellant/plaintiff executed the work under the nomenclature 'FP Bund Near Machine Ladh at Panchayat Halqa Akad for the year 2012-13 Under MGNEREGA Scheme for Block Khovripora', on account of administrative approval granted by the Govt. for the said work in the sum of Rs. 1,89,497/- out of which appellant has been paid only Rs. 1,36,961/- while balance amount of Rs. 52,439/- has been withheld (not paid) by the respondents which compelled the appellant to file a civil suit before the court of Principal District Judge Anantnag, which after the perusal of plaint and written statements framed as many as 8 issues in the suit, whereafter, appellant/plaintiff ex

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