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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
WASIM SADIQ NARGAL
Bhat Traders Through Ghulam Mohammad Bhat – Appellant
Versus
Union Territory of Jammu And Kashmir Through Commissioner Secretary To Govt. Tourism Department Civil Secretariat Srinagar – Respondent
| Table of Content |
|---|
| 1. petitioner executed works; payments withheld despite bills. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. acknowledged dues withholding violates article 14. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. job orders without formalities not payable. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. arbitrary state contract action writ-maintainable. (Para 29 , 30 , 31 , 32 , 33) |
| 5. admitted dues enforceable despite factual disputes. (Para 34 , 35 , 36 , 37 , 38) |
| 6. state liable for benefited works despite irregularities. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 7. article 14 mandates payment of admitted dues. (Para 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62) |
| 8. direct release of rs.52.24 lakhs with interest. (Para 63 , 64 , 65 , 66 , 67 , 68 , 69) |
JUDGMENT :
WASIM SADIQ NARGAL, J.
Brief Facts
1. The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking release of an amount of Rs. 64,99,000/-, which, according to him, has been withheld by the respondents despite being admitted.
2. The case of the petitioner, is that he is a contractor who was allotted various works by
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 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 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 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 ....
Contractual payments must not be unduly delayed by the state without valid justification.
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....
A State entity must act in accordance with principles of fairness and justice in contractual obligations, and cannot withhold payments without a clear determination of dues, as this constitutes arbit....
Writ petitions are maintainable for contractual claims against state entities, and withholding payments due to contractors on arbitrary grounds violates constitutional obligations to act fairly.
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