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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJESH SEKHRI
Manzoor Hussain – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. Petitioner has invoked writ jurisdiction of this Court, under Article 226 of the Constitution of India, for a mandate to the respondents, in particular respondents no. 3 and 5, for the release of admitted liability of Rs. 9.45 lacs on account of the execution of work, regarding construction of temporary bath rooms and allied works for Budha Amarnath Ji Yatra at Rajouri, along with interest @ 18 % per annum.
2. The case set out by the petitioner is that pursuant to the issuance of tender and acceptance of his bid by respondent no. 3, the work of construction of temporary bath rooms and allied works for Budha Amarnath Ji Yatra at Rajouri, came to be allotted in his favour vide allotment order no. EER/R&B/OG/2023-24 dated 25.09.2023. He executed and completed the allotted work to the satisfaction of the executing agency and raised bills amounting to Rs. 9.45 lacs, which came to be submitted by respondent no. 4 to the Executive Engineer, PWD (R&B) Division Rajouri-respondent no. 3 on 24.11.2023, after the completion certificate came to be issued in his favour by respondent no. 3 and signed by respondent no. 4. According to the petitioner, respondent no. 3, while admitting h
Contractors executing government work are entitled to payment based on the belief of proper authorization, and the State must act justly in fulfilling its contractual obligations.
Point of Law : Respondents have made the petitioner to execute the work out of his own funds, it is their bounden duty to reimburse the petitioner at the earliest, that too with interest.
Contractual payments must not be unduly delayed by the state without valid justification.
A contractor's entitlement to payment for executed works cannot be denied based on alleged lack of administrative approval when such works were accepted, confirming the principle of accountability in....
Delay and laches cannot be invoked by the government to deny an admitted claim for payment, emphasizing the need for timely compensation to contractors.
Contractors are entitled to payment for work performed in good faith, regardless of the absence of formal Administrative approval for excess work.
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