The court mandated that administrative bodies must consider representations and issue reasoned decisions within a specified timeframe, ensuring procedural fairness.

ORDER :

1. The petitioner through the medium of the present writ petition filed under Article 226 of the Constitution of India read with Jammu and Kashmir High Court Writ Proceeding Rules is seeking the following reliefs:

i. Writ in the nature of Mandamus, commanding the respondents to release the unpaid amount due to the petitioner on account of execution of works to the tune of Rs. 11,22,553/- details submitted in para No.3 of the writ petition.

ii. The Hon’ble court may further be pleased to award interest at the rate of 12 % on the amount due to the petitioner from the ate the amount was due to the petitioner and also award costs of litigation to the tune of Rs. 2.00 lacs and same be recovered from the salary of erring officers.

2. The brief facts of the case are that the petitioner and others after completing their degrees in the engineering have formulated Self Help Group under the name and style of M/S Technical Engineering Constructions for their livelihood. The petitioner is the group leader of aforesaid Self Help Group. The respondents issued NIT for construction of certain works in favour of the said Self Help Group, the details of which finds mention in para 4 of the writ petition. It is stated, that the petitioner completed the above said works to the satisfaction of the respondent-department and submitted their bills duly verified by the competent authority. However, an amount to the tune of Rs. 11,22,553/- has not been disbursed to the petitioner.

2. It is further stated that the petitioner has made umpteen requests to the respondents for releasing the above said amount, however, the respondents have failed to disburse the same. It is further stated that the petitioner has preferred last representation in the office of the respondents 2 and 3 in the month of May, 2024 but, the said representation has not been decided. Feeling aggrieved of the same, the petitioner has preferred the present writ petition.

5. Learned counsel for the petitioner submits that the petitioner would feel satisfied, if the present writ petition is disposed of, at this stage by directing the respondents to treat the writ petition as representation and to accord consideration to the same in accordance with law, within some reasonable timeframe.

6. Issue notice.

7. On the asking of the Court, Mr. S.S. Kala, Additional Advocate General enters appearance on behalf of respondents and is not averse to the disposal of the present petition at this stage or else to the submission made by the counsel for the petitioner. However, he submits that the case of the petitioner would be considered in accordance with the rules and as per law occupying the field.

8. Heard learned counsel for the parties and perused the record.

9. With the consent of learned counsel appearing for the parties, the present writ petition is taken up for final disposal at this stage. Accordingly, the same is disposed of with a direction to the respondents to treat this writ petition as representation on behalf of the petitioner and to accord consideration by passing speaking order within a period of six weeks from today strictly in conformity with the rules and as per law and the order of consideration which is likely to be passed be forwarded to the petitioner by registered post. While according consideration to the case of the petitioner, the respondents are directed to give due weightage to the bills passed by the respondent/s, which has been placed on record as annexure-III.

10. Writ petition disposed of along with connected CM in the manner as indicated above.