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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
WASIM SADIQ NARGAL
Lumber India Corporation, Through Its Co-Proprietor Ghulam Nabi dar (senior itizen) – Appellant
Versus
Union Territory Of J And K And Kashmir, Thorugh Commissioner Cum Secretary To Govt. – Respondent
| Table of Content |
|---|
| 1. dues withheld despite executed works. (Para 1 , 2) |
| 2. delay violates article 14, msmed act. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. facilitator not liable sans funds. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. state jointly liable; writ maintainable. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. funds paucity invalid post-acceptance. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 6. interest due for arbitrary delays. (Para 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51) |
| 7. pay dues in 4 weeks or interest. (Para 52 , 53 , 54 , 55 , 56 , 57) |
JUDGMENT :
WASIM SADIQ NARGAL, J.
Brief Facts
1. The present writ petition has been filed by the petitioner invoking the writ jurisdiction of this Court, inter alia, seeking a direction for release of admitted dues arising out of works duly allotted by the respondents. It is the case of the petitioner that the works stood executed in accordance with the approved specifications and to the satisfaction of the competent authorities, yet the admitted amount payable has remained withheld for several years without any justifiable cause.
2. It is averred that despite repeated representations and sustaine
State cannot withhold admitted dues for executed and accepted public works citing paucity of funds or lack of privity among instrumentalities; violates Article 14, warrants interest on delay.
State and instrumentalities jointly liable for admitted dues on executed and accepted public works; cannot withhold payments citing no privity, paucity of funds or delays, violating Article 14; must ....
State and instrumentalities cannot withhold admitted dues for executed and accepted works on paucity of funds or privity pleas; violates Article 14; writ maintainable; interest payable for arbitrary ....
State cannot withhold admitted dues for executed works from which it benefited, citing procedural lapses or paucity of funds; such arbitrary action violates Article 14, attracting writ jurisdiction u....
State cannot arbitrarily withhold admitted balance payment under supply contract after accepting goods; violates Article 14, constitutes unjust enrichment; mandamus maintainable for enforcement as pu....
Contractual payments must not be unduly delayed by the state without valid justification.
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