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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL
Krishna Engineering Works Industrial Estate – Appellant
Versus
UT of J&K through Financial Commissioner – Respondent
| Table of Content |
|---|
| 1. denial of payment based on procedural grounds. (Para 10) |
| 2. the duty of the state to honor financial commitments. (Para 11 , 12 , 14 , 15 , 16 , 17) |
| 3. court's directive for settlement of the petitioner's dues. (Para 19 , 20) |
JUDGMENT :
Wasim Sadiq Nargal, J.
01. The petitioner through the medium of instant petition has sought the following reliefs:
i) Writ of mandamus commanding upon the respondents to release the pending payments/clear the admitted liability of the petitioner to the tune of Rs.7,71,224/-(rupees seven lakhs seventy one thousand two hundred twenty four only) which is an admitted liability by the respondents and also to pay interest at the rate of 18% and compensation over the delayed payments as the respondents have failed to perform their statutory duties for releasing the hard earned money of the petitioner which is causing financial hardship to the petitioner.
ii) Mandamus commanding the respondents to release the pending payment of Rs.7,71,224/-(rupees seven lakhs seventy one thousand two hundred twenty four only) due to the petitioner in favour of the respondent No.5 along with interest of 18% till the date of its realization with a further directi
Contractual payments must not be unduly delayed by the state without valid justification.
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 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 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 arbitrarily withhold admitted balance payment under supply contract after accepting goods; violates Article 14, constitutes unjust enrichment; mandamus maintainable for enforcement as pu....
Delay and laches cannot be invoked by the government to deny an admitted claim for payment, emphasizing the need for timely compensation to contractors.
Writ petitions against State for contractual obligations are maintainable even with disputed facts; non-payment of dues despite work completion warrants judicial intervention.
Writ petitions against State entities for payment of due amounts are maintainable even with disputed facts; contract completion obligates the State to release funds promptly.
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