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HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No.905/2022

CM No.2732/2022

Date of Order: 28.01.2026

Uploaded on: 29.01.2026

Yasin Manzoor, Age 26 years,

S/O Sh. Manzoor Hussain

R/O Village Khankari,

Tehsil and District Rajouri.

…..Petitioner

Through: Mr. Ajaz Chowdhary, Advocate.

Vs

1. UT of J&K through

Commissioner/Secretary to Govt.

Public Works Department,

Civil Secretariat, Jammu.

2. The Rajouri Municipal Council,

through its President.

3. The Rajouri Municipal Council,

through its Executive Officer.

4. The Executive Engineer,

PWD (R&B) Division, Rajouri.

5. The Assistant Executive Engineer,

PWD (R&B) Sub Division South,

Rajouri.

.…. Respondents

Through: Ms. Pallavi Sharma, Assisting Counsel vice

Mr. Ravinder Gupta, AAG.

CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE

(ORDER)

28.01.2026

1. Petitioner, through the medium of this petition, has sought the

following reliefs:

WP(C) No.905/2022 Page 1 of 5

i. Commanding and directing the respondent to release

the payment amounting to Rs.14,78,804/- alongwith

interest @ 22% per annum in favour of the petitioner in

view of the communication dated 14.03.2022

forwarded by the respondent no.4, as the petitioner has

already completed the work;

ii. Commanding and directing the respondents to accord

consideration to the representation of the petitioner for

release of amount of Rs. 14,78,804/- along with

interest @ 22 % per annum.

2. The facts as narrated in the petition are briefly stated as under:

Pursuant to Notice Inviting Tender (NIT) No.122 of 2021-22 dated

29.12.2021, the petitioner participated in the tendering process for construction of

Cafeteria and Passenger Shed near Salani Bridge, Rajouri, wherein he was

declared as successful bidder and was allotted the aforesaid work for an amount

of ₹ 27,78,804/- vide allotment order No.EER/R&B/6/2021-22/22270-75 dated

29.01.2022. On that count, an agreement bearing No.297/OW dated 15.02.2022

was executed between the petitioner and respondent No.4 i.e., Executive

Engineer, PW(R&B) Department, Division Rajouri, and thereafter, the petitioner

carried out the work in order to complete the same and respondents have released

some amount in favour of the petitioner; on directions of District Administration,

Rajouri, the under construction structure was dismantled, resulting loss of

material to the petitioner, approximately, amounting to rupees six to seven lakhs.

On being denied the said amount, the petitioner approached respondent No.5-

WP(C) No.905/2022 Page 2 of 5

Assistant Executive Engineer, PW(R&B) Department, Sub Division South,

Rajouri; and Junior Engineer concerned prepared the bill amounting to ₹

7,85,776/-, however, the said amount has not been released so far. Vide

communication No.26106-07 dated 14.03.2022, the Executive Engineer,

PW(R&B) Department Division Rajouri submitted the bill for an amount of

₹7,85,776/- to respondent No.3-Executive Officer, Municipal Council, Rajouri,

however, the admitted amount has not been released in favour of the petitioner.

Feeling aggrieved, the petitioner submitted a representation dated 22.03.2022

before the respondents for release of the amount, and inaction on part of the

respondents for release the amount in question, forced the petitioner to knock

portals of this Court by way of present petition for redressal of his grievance.

3. Mr. Ajaz Chowdhary, learned counsel for the petitioner submits that

the respondents have admitted the work executed by the petitioner, but are

shuttling the onus among them, thereby, denying the due payment to the

petitioner.

4. It is submitted by learned counsel appearing on behalf of the

respondent Nos. 1, 4 and 5 that it is the responsibility of the respondent Nos. 2&3,

the indenting department to liquidate the liability.

5. On notice, resisting the petition, the respondent Nos. 1, 4 & 5

[PW(R&B) Department of Union Territory of J&K] have filed their objections

wherein it is contended that an amount of ₹ 8,34,000/- has been paid to the

WP(C) No.905/2022 Page 3 of 5

petitioner and another bill